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  ERISA, Employment, and Securities Law Expertise
 

Experience

2008-current

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1999-2005

2003-2004

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2011-current

 

2010-2011

 

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12/2003-5/2009

 

 

 

 

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Book and Book Chapters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other Publications and Writings

Stephen M. Ross School of Business

Arthur F. Thurnau Professor of Business Law

Professor of Business Law

Associate Professor of Business Law

Louis and Myrtle Moskowitz Research Professor of Business and Law

Fellow, CIC Academic Leadership Program

Sanford R. Robertson Assistant Professor of Business Administration

Assistant Professor of Business Law

 

Proprietor, Muir Fiduciary Services, LLC, Ann Arbor, MI

 

Expert Witness, Fiduciary investment manager's obligation to follow investment policy

 

Member, US Pension Benefit Guaranty Corporation, Advisory Committee

 

Editor-in-Chief, Annual Supplement, EMPLOYEE BENEFITS LAW

 

Member, Board of Trustees, The Aerospace Corporation

Chair, Compensation and Personnel Committee, 2007

Member, Executive Committee, 2007

Security Clearances: Top Secret, SCI

 

Member, US Department of Labor Advisory Council on Pension and Welfare Benefits

 

United States Congress

Congressional Fellow (focused on employee benefits issues in the office of then Rep. Rob Portman)

 

Dykema Gossett, Bloomfield Hills, MI

Associate

 

Winston & Strawn, Chicago, IL

Associate

 

Chrysler Financial Corporation, Troy, MI

Chrysler Corporation, Highland Park, MI

Human Resources Specialist - Held position in compensation and benefits, employment and placement, and union relations

 

Justice Sotomayor on the Supreme Court: A Boon for Business? Virginia Law and Business Review, 2009, lead article with D. Baumer, S. Greene, G. Mark & R. Thomas.

Legislation Pending on Investment Advice to 401k Account Clients. Bank Accounting & Finance Journal, 2009.

Fiduciary Constraints: Correlating Liability with Responsibility. 42 Wake Forest Law Review, 2007, with Cindy Schipani. Reprinted in 49 Corporate Practice Commentator, 2008.

The Use of Efficient Market Hypothesis: Beyond SOX. 105 Michigan Law Review, 2007, with Cindy Schipani.

Review of James A. Wooten, The Employee Retirement Income Security Act of 1974: A Political History, 32.4 Journal of Health Politics, Policy and Law, 2007: Duke University Press.

The Challenge of Company Stock Transactions for Directors’ Duties of Loyalty. 43 Harvard Journal of Legislation, 2006, with Cindy Schipani.

The U.S. Culture of Employee Ownership and 401(k) Plans. 14 University of Illinois Elder Law Journal, 2006 (lead article).

New Standards of Director Loyalty and Care in the Post-Enron Era: Are Some Shareholders More Equal than Others? 8 New York University Journal Of Legislation And Policy, 2005, with Cindy Schipani.

ERISA and Investment Issues. 65 Ohio State Law Review, 2004.

Counting the Cash: Disclosure and Cash Balance Plans? 37 John Marshall Law Review, 2004.

Groundings of Voice in Employee Rights. 36 Vanderbilt Journal of Transnational Law, 2003.

The Dichotomy Between Investment Advice and Investment Education: Is No Advice Really the Best Advice? 23 Berkley Journal of Employment and Labor Law , 2002, (lead article).

The Future of Fiduciary Issues in Employee Benefit Plans, 5 Employee Rights & Employee Policy Journal, 2001.

Fiduciary Status as an Employer's Shield: The Perversity of ERISA Fiduciary Law. 2 University of Pennsylvania Journal of Labor and Employment Law, 2000.

From YUPPIES to GUPPIES: Unfunded Mandates and Benefit Plan Regulation. 34 University of Georgia Law Review, 1999.

The Plan Amendment Trilogy: Settling the Scope of the Settlor Doctrine. 15 The Labor Lawyer, 1999.

Truth or Consequences: Varity v. Howe and Beyond. 13 The Labor Lawyer, 1998, (lead article).

Contemporary Social Policy Analysis and Employee Benefit Programs: Boomers, Benefits, and Bargains. 54 Washington & Lee Law Review, 1997, (lead article in issue)

The Intersection of State Corporation Law and Employee Compensation Programs: Is it Curtains for Veil Piercing? Illinois Law Review, 1996, with Cindy A. Schipani.

ERISA Remedies: Chimera or Congressional Compromise? 81 Iowa Law Review, 1995 (lead article). Cited by the U.S. Supreme Court in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 2002.

Plant Closings and ERISA's Noninterference Provision. 36 Boston College Law Review, 1995, (lead article in annual employment law issue).

Changing the Rules of the Game: Pension Plan Terminations and Early Retirement Benefits. 87 Michigan Law Review, 1989.

 

Imagining the Ideal U.S. Pension System, with J. Turner. In Imagining the Ideal Pension System: International Perspectives, forthcoming 2011: W.E. Upjohn Institute for Employment Research.

Constructing the Ideal Pension System: Cross-Country Perspectives of Eleven Authors, with J. Turner. In Imagining the Ideal Pension System: International Perspectives, forthcoming 2011: W.E. Upjohn Institute for Employment Research.

Imagining the Ideal Pension System: International Perspectives. Forthcoming 2011, with J. Turner: W.E. Upjohn Institute for Employment Research.

The Effect of the Financial Crisis on U.S. Pensions: A Perspective on Financial Services Regulatory Reform. In Protecting Pension Rights in the Economic Crisis, 2011.

2010 Supplement to Employee Benefits Law, Editor-in-Chief of 1,880+ pp. annual supplement. BNA 2010.

The Proliferation of Individual Pension Account Options: A Challenge for Institutional Oversight. In Personal Choice in Provision of Retirement Income: Meeting the Needs of Older People, Edward Elgar (Ed), 2009.

2009 Supplement to Employee Benefits Law, Editor-in-Chief of 1811 pp. annual supplement, BNA 2009.

2008 Supplement to Employee Benefits Law, Editor-in-Chief of 1518 pp. annual supplement, BNA 2008.

Longevity and Retirement Age in Defined Benefit Pension Plans. In Work Options for Mature Americans, University of Notre Dame Press, 2007, with J. Turner.

A Manager's Guide to Employment Law: How to Protect Your Company and Yourself, Jossey Bass, 2003.
 

Complementary & Private Pensions Throughout the World 2009. Organization for Economic Cooperation & Development, 2008, Co-Reporter, United States, with John Turner.

The Honorable Sonia Sotomayor and ERISA. ABA Employee Benefits Committee Newsletter, 2009.

Regulatory Reform in the Financial Services Sector: A Pension Lawyer’s Perspective. ABA Labor and Employment Section Newsletter, 2009.

The Market Meltdown and Regulation of Employee Benefit Plans. ABA Employee Benefits Committee Newsletter, 2008.

Complementary & Private Pensions Throughout the World 2007. Organization for Economic Cooperation & Development, 2008, Co-Reporter, United States, with John Turner.

Default Investments and Account Fees: Another Approach, ABA Employee Benefits Committee Newsletter, 2007.The Direction of Directed Trustee Liability under ERISA. 35 ABA Labor & Employment Law Newsletter, 2007.

Complementary & Private Pensions Throughout the World 2005. Organization for Economic Cooperation & Development, 2006, Co-Reporter, United States, with John Turner.

Employee Benefits Law (2nd Ed.), 2005 Cumulative Supplements (Senior Associate Editor until December 2005).

Employee Benefits Law (2nd Ed.), 2003 & 2004 Cumulative Supplements (contributing editor).

Amicus Brief in Julio Arana v. Ochsner Health Plan of Louisiana. Filed at the request of the Fifth Circuit Court of Appeals, April 2003, with Edward H. Cooper. Cited in en banc decision: Arana v. Ochsner Health Plan, No. 01-30922, 2003 U.S. App. LEXIS 13918 at *7 n.6 (5th Cir. July 10, 2003).

Comment Letter of Dana M. Muir Regarding the Proposed Rules pursuant to Section 307 of the Sarbanes-Oxley Act of 2002, filed with the Securities & Exchange Commission. Available at: http://www.sec.gov/rules/proposed/s74502/dmmuir1.htm, December 18, 2002.

Sarbanes-Oxley §307: No Mandated Disclosure of ERISA Fiduciary Breaches?, Vol. 02, No. 233, BNA Pension & Benefits Daily, Dec. 5, 2002. Republished in BNA Pension & Benefits Reporter, 2002.

Appropriate Equitable Relief after Great-West v. Knudson, Employee Benefits Committee Newsletter, ABA, 2002.

Contingent Workers. Eleventh Annual National Institute on ERISA Litigation (ABA) L-1 - L-25, 2001, with Peter O. Shinevar.

ERISA Remedies and Removal. 2 Fifteenth Annual National Institute on ERISA Basics (ABA) N-1 - N-38, 2001, with David M. Cook.

How About Détente?: The Time Has Come For a Voluntary Fiduciary Resolution Program. 26 Pension & Benefits Reporter, 1999, with Frank H. Hoffman.

Curtiss-Wright v. Schoonejongen. 2 Employment and Labor Law Quarterly, 1995.