As we closed the door on 2018, we were met by two surprising decisions—one from a panel of the Second Circuit addressing employer stock drop litigation, and one from a federal district court in Texas declaring the entire...more
1/11/2019
/ 403(b) Plans ,
Affordable Care Act ,
Amgen v Harris ,
Breach of Duty ,
Constitutional Challenges ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
FIfth Third Bancorp v Dudenhoeffer ,
Hardship Distributions ,
Health Insurance ,
IRS ,
Plan Administrators ,
Proposed Regulation ,
Section 409A ,
Securities and Exchange Commission (SEC) ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act
Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more
10/4/2017
/ 401k ,
403(b) Plans ,
AARP ,
Affordable Care Act ,
Breach of Duty ,
Class Action ,
Delays ,
Department of Labor (DOL) ,
Disability Benefits ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Excessive Fees ,
Executive Orders ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Fiduciary Rule ,
Form 5500 ,
GINA ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Hurricane Harvey ,
Individual Retirement Account (IRA) ,
Investors ,
IRS ,
Motion to Dismiss ,
OMB ,
PBGC ,
Pensions ,
Preventive Health Care ,
Principal Transaction Exemption ,
Retirement Plan ,
Self-Dealing ,
Twombly/Iqbal Pleading Standard ,
Universities ,
Wellness Programs
Editor's Overview -
In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more
6/16/2014
/ Affordable Care Act ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Evidentiary Rulings ,
Hiring & Firing ,
Plan Administrators ,
Reporting Requirements ,
Settlement ,
Severance Agreements ,
Severance Pay
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 ,
Comcast v. Behrend ,
Damages ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
IRS ,
Multiemployer Plan ,
Pensions ,
Private Equity Funds ,
SCOTUS ,
Statute of Limitations ,
Sun Capital Partners ,
Transparency ,
Waivers