Latest Publications


Eleventh Circuit Joins Fourth Circuit in Rejecting Continuing Breach Approach to ERISA's Statute of Limitation

When a participant of a defined contribution plan complains that the plan fiduciaries breached their duties in failing to remove poor performing funds from the 401(k)’s investment options, is the date of the breach when the...more

3/13/2014 - 401k Breach of Duty ERISA Fiduciary Duty Statute of Limitations

11th Circuit Court of Appeals Mandates Proactive Gathering and Review of SSA Information in LTD Benefit Review

Not long ago, the Unites States Supreme Court in MetLife v. Glenn, 128 S. Ct. 2343 (2008) gave a stern warning to plan fiduciaries who required a claimant to apply for disability benefits with the Social Security...more

2/13/2014 - Disability Employee Benefits MetLife SCOTUS Social Security Social Security Benefits

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more

4/22/2013 - Equitable Lien ERISA Make-Whole Premium Reimbursements SCOTUS

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more

4/17/2013 - Anti-Alienation Provisions Creditors Deferred Compensation ERISA Garnishment Preemption Retirement

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

3/20/2013 - Beneficiary Designations Divorce Employee Benefits ERISA Estate Planning Preemption

The Fourth Circuit Opens the Door to Extrinsic Evidence in Considering a Claim for Employee Benefits

Executive Summary: The Fourth Circuit expands the scope of admissible evidence in an ERISA employee benefits case. The very first principle applied in a lawsuit for benefits from an ERISA-governed employee benefit plan...more

3/15/2013 - Abuse of Discretion Employee Benefits ERISA Extrinsic Evidence Helton v AT&T Pension Benefit Plan Plan Administrators

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