Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more
6/7/2013 - Affordable Care Act COBRA Data Breach Data Protection DOL DOMA ERISA Healthcare HIPAA HITECH IRS Notice Requirements OSHA Pay or Play PHI Same-Sex Marriage SCOTUS Wellness Programs Whistleblowers
The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA). Prior to ACA, the Supreme Court held that ERISA did not require employers to...more
6/3/2013 - Affordable Care Act Employer Group Health Plans ERISA Healthcare Pay or Play SCOTUS Whistleblowers
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
5/13/2013 - 403(b) Plans Affordable Care Act Class Action Class Certification Damages Disclosure Requirements ERISA IRS Liability Multiemployer Plan Pensions Private Equity Funds Statute of Limitations Transparency Waivers
In Weaver Bros. Ins. Assoc., Inc. v. Braunstein, No. 11-5407, 2013 WL 1195529 (E.D. Pa. Mar. 25, 2013), a district court denied the plan administrator’s motion for judgment on the pleadings, ruling that monetary relief may be...more
4/10/2013 - Damages Disability Disclosure Requirements ERISA Inadequate Warning Life Insurance Plan Administrators
In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an...more
3/20/2013 - Arbitration Denial of Benefits ERISA Independent Review Organization
In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more
3/13/2013 - Disability Disability Insurance Drug & Alcohol Abuse ERISA Fiduciary Duty Healthcare Indemnification SCOTUS Settlement Standing
In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more
2/19/2013 - 401k Attorney-Client Privilege COBRA Confidential Communications Conflicts of Interest Employee Benefits Employer Group Health Plans ERISA Fiduciary Duty Health Insurance Overpayment Standing Statute of Limitations Third-Party
In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more
1/25/2013 - Affordable Care Act Class Action Class Certification Employee Benefits ERISA Expert Witness Health Insurance Exchanges Retirement Stocks Wal-Mart
In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more
12/20/2012 - Appropriate Equitable Relief Employer Group Health Plans ERISA Exhaustion Doctrine Medical Reimbursement Preemption Retirement Plan Standard of Review Statutory Penalties
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