Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

  1. April 17, 2026

    4th Circ. Says Merrill Bonus Plan Exempt From ERISA

    The Fourth Circuit on Friday refused to revive an ex-Merrill financial adviser's proposed class action claiming he was shorted deferred compensation, backing a lower court's holding that the retention bonuses at issue were exempt from federal benefits law.

  2. January 29, 2026

    4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.

    The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.

  3. January 09, 2026

    4 Argument Sessions That Benefits Attys Should Watch In Jan.

    The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.