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Co. Says DOL Should Cover Fees For Ill-Advised ERISA Case

July 20, 2022 – Media Coverage
Law360

An architecture firm told the Ninth Circuit Wednesday that the U.S. Department of Labor should have to pick up the tab for attorney fees the company incurred defending a federal benefits lawsuit over a $40 million stock sale, saying the DOL never should have brought the case.

In a 72-page opening brief, Brian Bowers and Dexter Kubota, former owners of Oahu-based Bowers + Kubota Consulting Inc., told the appeals court that the DOL never offered any evidence the firm had violated the Employee Retirement Income Security Act when it sold its stock to employees for the allegedly inflated $40 million sum.

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