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SOLIS v. MALKANI

Nos. 09-1383, 10-1061.

638 F.3d 269 (2011)

Hilda L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, Clark Consulting, Party-in-Interest-Appellee, v. Roma P. MALKANI; Information Systems and Networks Corporation Employees' Pension Plan; Information Systems and Networks Corporation Profit Sharing Plan; Information Systems & Networks Corporation, Defendants-Appellants. Hilda L. Solis, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, Clark Consulting, Party-in-Interest-Appellee, v. Roma P. Malkani; Information Systems and Networks Corporation Employees' Pension Plan; Information Systems and Networks Corporation Profit Sharing Plan; Information Systems & Networks Corporation, Defendants-Appellants, and Salomon Smith Barney, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2011.

Attorney(s) appearing for the Case

ARGUED: Norman Henry Singer , Singer & Associates, PC, Bethesda, Maryland, for Appellants. Edward D. Sieger , United States Department of Labor, Washington, D.C., for Appellee Secretary of Labor; Gregory L. Skidmore , Kirkland & Ellis, LLP, Washington, D.C., for Appellee Clark Consulting. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Timothy D. Hauser , Associate Solicitor for Plan Benefits Security, Nathaniel I. Spiller , Counsel for Appellate and Special Litigation, United States Department of Labor, Washington, D.C., for Appellee Secretary of Labor. Christopher Landau , Kirkland & Ellis, LLP, Washington, D.C., for Appellee Clark Consulting.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge WILKINSON and Judge WYNN joined.

GREGORY, Circuit Judge:

This appeal arises out of a successful enforcement action brought under the Employee Retirement Income Security Act of 1974 ("ERISA") by the Secretary of Labor (hereinafter the "Secretary") against the defendants-appellants, Information Systems and Networks and Roma Malkani, its president and sole owner (hereinafter, collectively, "ISN").

On appeal, ISN asks us to reverse several district court orders, wherein the court ruled in favor...

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