Milligan v. Merrill Lynch
Published on:
August 4, 2025
Committee:
Court:
U.S. Court of Appeals
(Fourth Circuit)
Amicus Issue:
Whether an employee can retrospectively recast deferred compensation programs as “ERISA plans” and thereby be entitled, under ERISA’s vesting and anti-forfeiture rules, to payment of deferred compensation even if the employee leaves before the awards have vested or otherwise fails to meet the agreed-upon terms of the awards.
Counsel of Record:
Orrick Herrington & Sutcliffe LLP
Robert M. Loeb
Michael Delikat
Alyssa Barnard-Yanni
Other Amici:
None.