Milligan v. Merrill Lynch

Published on:
August 4, 2025

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.

Details

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