In the Press
January 26, 2024

John Hancock Gets Warm Reception in Foreign Tax Credit Appeal (Bloomberg Law)

Professionals

A $100 million appeal by 401(k) trustees over how John Hancock Life Insurance Co. uses foreign tax credits drew tough questions from a panel of Eleventh Circuit judges, who signaled a willingness to approve of the company’s practices. Judge Adalberto Jordan questioned John Hancock’s attorney, Jaime Santos about whether the judge’s standing analysis was “wrong.” Santos, Complex Litigation & Dispute Resolution partner, agreed it may not be “best practice” for standing to be addressed so late in a lawsuit, but she said it may have stemmed from how plaintiffs’ legal theories “evolved” over time. Santos also emphasized to Bloomberg Law that ERISA doesn’t prevent retirement plan service providers like John Hancock from structuring their offerings “in the ways that are most financially beneficial to them.”