For the second time in Amgen Inc. v. Harris, the Supreme Court reversed the Ninth Circuit because of its failure to apply the proper pleading standard for claims alleging breach of the duty of prudence against fiduciaries who manage employee stock ownership plans (ESOPs). The Supreme Court’s opinion sets forth a specific, stringent pleading

William Robert Gignilliat, IV
Wm. Robert Gignilliat, IV, is a principal in the Greenville, South Carolina, office of Jackson Lewis P.C. He enjoys helping companies by counseling them on employment law issues and successfully guiding them through employment litigation in courts throughout the country.
Wage-and-hour litigation is the largest component of Rob’s practice. He regularly defends employers against class and collective actions alleging violations of the Fair Labor Standards Act and state laws on wages. Often, these are high-stakes cases involving hundreds or thousands of potential claimants. Rob appreciates the complexity of these cases and develops creative strategies to expose weaknesses in the claims and defeat certification.
Rob also defends employers in cases involving discrimination, harassment, retaliation, ADA and FMLA claims, employment contracts, non-competes, and wrongful termination. In all of his cases, Rob strives to understand his client’s objectives, execute an efficient strategy to achieve those objectives, and provide his clients with regular updates.
In addition, Rob provides day-to-day advice to in-house counsel, executives, and HR professionals regarding a wide variety of employment issues, including workplace investigations, discipline, disability accommodations and medical leave, wage-and-hour compliance, DOL audits, employment contracts, severance agreements, employee handbooks and policies, WARN compliance, Title IX compliance, and other preventive measures to avoid litigation.