Adam Solander

Adam Solander

Epstein Becker Green

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Benefits Litigation Update – Fall 2015

Message from ERIC President and CEO Annette Guarisco Fildes: Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more

11/6/2015 - Affordable Care Act Benefit Plan Sponsors Breach of Duty Contraceptive Coverage Mandate ERISA Fraudulent Concealment Severance Agreements

$750,000 HIPAA Settlement Reinforces Need to Be Proactive

As the Department of Health and Human Services’ (“HHS”) Office of Civil Rights (“OCR”) proceeds with its second round of HIPAA audits, this time covering business associates as well as covered entities, a recent settlement...more

9/15/2015 - Audits Corrective Actions Covered Entities Data Breach Electronic Medical Records HHS HIPAA OCR PHI

Benefits Litigation Update – July 2015

Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more

7/27/2015 - 401k Affordable Care Act Benefit Plan Sponsors Dave & Buster's Employee Benefits Employer Group Health Plans Employer Liability Issues Employer Mandates Equitable Relief ERISA Fiduciary Duty Health Insurance Preemption Telehealth

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more

6/1/2015 - Affordable Care Act Ambush Election Rules EEOC Employer Liability Issues Employment Policies New Legislation NLRB Popular Proposed Regulation Retailers Sick Leave Wage and Hour Wellness Programs

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

4/20/2015 - ADA Affordable Care Act Covered Entities Disability Discrimination Disabled EEOC GINA HIPAA Hiring & Firing Job Applicants Medical Examinations PHI Proposed Regulation Screening Procedures Wellness Programs

Five Health Care Developments Important to Employers

Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is...more

2/26/2015 - Affordable Care Act DOL EEOC Employer Group Health Plans Flexible Spending Accounts GINA Health Insurance Health Savings Accounts HIPAA Individual Mandate Preexisting Conditions SCOTUS Tax Credits Telehealth Telemedicine Wellness Programs

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

11/21/2014 - ADA Corporate Counsel EEOC Employer Group Health Plans Employer Liability Issues Enforcement Actions Halliburton Medical Examinations Wellness Programs

Five ACA Issues That Employers Should Be Following

Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA...more

9/18/2014 - Affordable Care Act Corporate Counsel Employer Mandates Healthcare Healthcare Reform Popular

HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v....more

7/30/2014 - Affordable Care Act Appeals Barack Obama Employer Mandates En Banc Review Halbig v Burwell Health Insurance Health Insurance Exchanges Healthcare Reform King v Burwell SCOTUS Subsidiaries Tax Credits

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more

7/23/2014 - Affordable Care Act Employer Mandates First Glance Halbig v Burwell King v Burwell Legal Perspectives

Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to...more

7/21/2014 - Affordable Care Act Burwell v Hobby Lobby CIGNA v Amara Class Action Employer Mandates ERISA FIfth Third Bancorp v Dudenhoeffer Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Hobby Lobby SCOTUS Securities Fraud Stock Drop Litigation US Bancorp

HEAL Advisory: Challenges to IRS Regulations Allowing Subsidies in Federally-Established Exchanges Under the ACA: Federal Court...

Challenges to federal health reform implementation continue to make their way through the federal courts, with court rulings expected shortly. Employers are especially advised to monitor challenges to the federal regulations...more

6/17/2014 - Affordable Care Act Federally Facilitated Exchanges Healthcare Healthcare Reform IRS Tax Credits

Benefits Litigation Update - January 2014

In this issue: - Will Section 510 of ERISA Restrict Workforce Structuring under the Affordable Care Act? - A New Threat to Sponsors and Fiduciaries: Equitable Remedies After Amara - First ERISA Decision...more

1/28/2014 - Affordable Care Act Benefit Plan Sponsors Class Action Employee Benefits Employer Liability Issues Equitable Relief ERISA Healthcare Healthcare Reform

Latest Post-Windsor Guidance from IRS Addresses Issues for Cafeteria Plans, Flexible Spending Accounts, and Health Savings...

In its latest addition to guidance concerning the effects of the U.S. Supreme Court's decision in United States v. Windsor, the Internal Revenue Service ("IRS") has issued Notice 2014-1 to address certain issues relating to...more

12/23/2013 - Cafeteria Plans DOMA Employee Benefits Flexible Spending Accounts FSA Health Savings Accounts HSA IRS Same-Sex Marriage SCOTUS U.S. Treasury US v Windsor W-4

Treasury and IRS Issue Guidance on DOMA—Many, but Not All, Questions Are Answered

On August 29, 2013, the Treasury Department ("Treasury") and Internal Revenue Service ("IRS") jointly issued guidance in Revenue Ruling 2013-17, 2013-38 IRB, and two accompanying sets of Frequently Asked Questions (together,...more

9/5/2013 - DOMA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

HEAL Advisory: Employer Mandate Delayed—Employers Get Welcome Relief from Penalties Until 2015, but Many Questions Remain

In reaction to employers' concerns about the many difficulties posed in efforts to comply with the Employer Mandate provisions of the Affordable Care Act ("ACA"), the Obama administration ("Administration") announced late...more

7/5/2013 - Affordable Care Act Deadlines Delays Employer Mandates Health Insurance Healthcare Individual Mandate Pay or Play Penalties U.S. Treasury

HEALTH REFORM: Four Key Areas of the New HIPAA Privacy Regulations

On January 25, 2013, the Health Insurance Portability and Accountability Act ("HIPAA") regulations (the "Omnibus Rule") implementing the statutory amendments under the Health Information Technology for Economic and Clinical...more

2/1/2013 - Business Associates Data Breach Data Protection Healthcare HIPAA HIPAA Omnibus Rule HITECH Notice Requirements PHI

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