Editor's Overview -
Happy New Year. We wrap-up 2019 with an article that reflects on significant developments in ERISA litigation during 2019, and takes a look at what's on the horizon for 2020. The courts (at all levels)...more
1/17/2020
/ 401k ,
Affordable Care Act ,
American Arbitration Association ,
Arbitration ,
Article III ,
Benefit Plan Sponsors ,
Best Practices ,
Breach of Duty ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Individual Mandate ,
Intel Corp. Investment Policy Committee v. Sulyma ,
IRS ,
Loss Causation ,
Multiemployer Plan ,
Pleading Standards ,
Retirement Plan ,
SCOTUS ,
Standing ,
Thole v U.S. Bank ,
Venue
In this edition of our Newsletter, we take a look at a pair of cases that, while unrelated, together remind us of the importance of having clear plan rules in place that reflect the plan sponsor’s intention. The first article...more
10/11/2019
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Foreign Nationals ,
Hardship Distributions ,
Health Insurance ,
IRS ,
Mental Health Parity Rule ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Pensions ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Statute of Limitations ,
Withdrawal Liability
Editor's Overview -
We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex, class actions where it may not be...more
4/3/2019
/ Administrative Remedies ,
Article III ,
Breach of Duty ,
Defined Contribution Plans ,
Discovery ,
Electronically Stored Information ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Harm ,
Injury-in-Fact ,
IRS ,
Notice Requirements ,
Standard of Review ,
Standing
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
As we head into the thick of summer, all eyes are on President Trump's nomination to the U.S. Supreme Court to replace retiring Justice Anthony Kennedy and the impact the new Justice will have on shaping the law for...more
7/11/2018
/ 21st Century Cures Act ,
401k ,
403(b) Plans ,
Beneficiaries ,
Bi-Partison Balanced Budget Act (BBA) ,
Breach of Duty ,
Clawbacks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
HDHP ,
Health Care Providers ,
Health Savings Accounts ,
Investment Adviser ,
Investment Management ,
IRS ,
MHPAEA ,
Murder ,
Plan Administrators ,
Preemption ,
Prescription Drugs ,
Retirement Plan ,
Slayer Statutes
Despite the change in seasons, there appears to be no change in the pace of complex and class action ERISA litigation. Investments in defined contribution plans—both 401(k) and 403(b) plans—continue to be the leading target...more
4/11/2018
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Bi-Partison Balanced Budget Act (BBA) ,
Books & Records ,
Breach of Duty ,
Cadillac Tax ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Executive Compensation ,
Fiduciary Duty ,
Fiduciary Rule ,
Hardship Distributions ,
Investment Adviser ,
IRS ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Mutual Funds ,
National Association for Fixed Annuities (NAFA) ,
Retirement Plan ,
Self-Dealing ,
Standing
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
On August 30, 2017, the Department of Labor (“DOL”) officially proposed delaying the applicability date of exemptions to its fiduciary rule until July 1, 2019. The proposal was expected after DOL stated in a court filing...more
8/31/2017
/ Best Interest Contract Exemptions ,
Breach of Duty ,
Delays ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fiduciary Duty ,
Fiduciary Rule ,
Field Assistance Bulletins ,
Financial Services Industry ,
Individual Retirement Account (IRA) ,
IRS ,
Mitigation ,
OMB ,
Principal Transaction Exemption ,
Private Right of Action ,
Prohibited Transactions ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
Written Agreements
Editor's Overview -
Welcome once again to Proskauer's newly revamped ERISA Newsletter. As a reminder, readers can obtain the information in this Newsletter as it is published on our blog.
Our featured article this...more
7/7/2017
/ 401k ,
American Health Care Act (AHCA) ,
Church Plans ,
Class Action ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Rule ,
Hardship Distributions ,
Healthcare Reform ,
Hospitals ,
Investment Adviser ,
IRS ,
LMRA ,
Mental Health Parity Rule ,
MHPAEA ,
Pension Funds ,
Preemption ,
Qualified Retirement Plans ,
Request For Information ,
Split of Authority ,
Stock Drop Litigation ,
Summary Plan Description ,
Taft-Hartley Plan Trustees ,
Trustees
After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more
4/6/2017
/ 401k ,
403(b) Plans ,
Administrative Procedure Act ,
Aetna ,
Affordable Care Act ,
Alternative Pleadings ,
Benefit Plan Sponsors ,
Breach of Duty ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Collective Bargaining ,
Conflicts of Interest ,
Delays ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Exhaustion Doctrine ,
Fiduciary Duty ,
Fiduciary Rule ,
FIfth Third Bancorp v Dudenhoeffer ,
HRA ,
Insider Information ,
IRS ,
Lifetime Health Benefits ,
Mental Health Parity Rule ,
Notice Requirements ,
Pleading Standards ,
Preliminary Injunctions ,
Presidential Memorandum ,
Proposed Legislation ,
Public Disclosure ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Repeal ,
Retirement Plan ,
Small Employers ,
Stock Drop Litigation ,
Trump Administration ,
Unilateral Modification ,
Vested Benefits
On the heels of the Department of Labor’s temporary enforcement policy concerning the DOL conflict of interest rule and related exemptions, the IRS announced that...more
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more
12/1/2016
/ AARP ,
Administrative Procedure Act ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Best Interest Contract Exemptions ,
Budget Recollection Legislation ,
Class Action ,
Department of Labor (DOL) ,
Dismissals ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fiduciary Rule ,
Filing Deadlines ,
GINA ,
Investment Adviser ,
IRS ,
National Association for Fixed Annuities (NAFA) ,
Preemption ,
Preliminary Injunctions ,
Presidential Elections ,
Repeal ,
Retirement Plan ,
Reversal ,
Securities Litigation ,
Shareholder Litigation ,
Slayer Statutes ,
Summary Judgment ,
Trump Administration ,
Wellness Programs
Editor's Overview -
This month, we look at the implications of the two federal district court cases from California that applied the ban on discretionary clauses typically found in ERISA plans to self-insured plans. The...more
10/27/2016
/ Abuse of Discretion ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Audits ,
Best Interest Contract Exemptions ,
De Novo Standard of Review ,
Department of Labor (DOL) ,
Determination Letter ,
Disability Benefits ,
Discretionary Clauses ,
Eligibility ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fiduciary Duty ,
Fiduciary Rule ,
First Amendment ,
Forum Selection ,
Health Insurance ,
Insurance Code ,
IRS ,
Notice and Comment ,
Pre-Dispute Arbitration ,
Preemption ,
Savings Clause ,
Self-Funded Health Plans ,
State Bans ,
Voluntary Correction Program ,
Wellness Programs
Editor's Overview -
In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more
7/1/2016
/ Administrative Procedure Act ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Interest Contract Exemptions ,
Confidential Information ,
Deferred Compensation ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fifth Amendment ,
Forfeiture ,
Former Employee ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Individual Retirement Account (IRA) ,
IRS ,
Medical Examinations ,
Proposed Regulation ,
PTEs ,
Retaliation ,
Section 409A ,
Section 457(f) ,
Section 457A ,
Section 510 ,
Summary Judgment ,
Tax Exemptions ,
Termination ,
Tobacco-Cessation ,
U.S. Treasury ,
Wellness Programs
Editor's Overview -
As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more
11/19/2014
/ ADEA ,
Choice-of-Venue ,
CIGNA v Amara ,
Compensatory Awards ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equitable Estoppel ,
Equitable Relief ,
Equitable Surcharge ,
FSA ,
IRS ,
Life Insurance ,
Reformation ,
SCOTUS
The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more
2/24/2014
/ 401k ,
Affordable Care Act ,
Appeals ,
Class Certification ,
Comcast v. Behrend ,
Contraceptive Coverage Mandate ,
Department of Labor (DOL) ,
DOMA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
FICA Taxes ,
FIfth Third Bancorp v Dudenhoeffer ,
First Amendment ,
Health and Welfare Plans ,
Heimeshoff v. Hartford Life & Accident Insurance Co. ,
Hobby Lobby ,
Human Resources Professionals ,
Involuntary Reduction in Force ,
IRS ,
McCutchen v. U.S. Airways ,
MHPAEA ,
Provider Payments ,
Quality Stores ,
Same-Sex Marriage ,
SCOTUS ,
State of Celebration ,
Statute of Limitations ,
Transition Relief ,
US v Windsor