Steven Weinstein

Steven Weinstein

Proskauer Rose LLP

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Election Results Likely to Result in the End of the ACA as We Know It, But Employers and Plan Sponsors Should Stay the Course for...

Over the past five years or so, Republican Congressmen have repeatedly taken steps to repeal President Obama’s landmark legislative effort – the Patient Protection and Affordable Care Act (the “ACA”). However, those efforts...more

11/10/2016 - Affordable Care Act Cadillac Tax Donald Trump Employee Benefits Employer Mandates Health Insurance Healthcare Individual Mandate Medicaid Medical Device Tax Medicare Taxes Presidential Nominations Public Health Insurance Marketplace Tax Credits

Final DOL Fiduciary Rule – Q&As for Employers and Plan Sponsors on Investment Education

On April 6, 2015, the U.S. Department of Labor (Department) issued its final rule defining who is a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) as a result of giving...more

5/3/2016 - Benefit Plan Sponsors DOL Employer Liability Issues ERISA Fiduciary Duty Final Rules Retirement Plan Third-Party Service Provider

U.S. Department of Labor Finalizes Fiduciary Definition and Conflict of Interest Rule

On April 6, 2015, the U.S. Department of Labor (Department) issued its highly anticipated final rule addressing when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA)...more

4/20/2016 - Best Interest Contract Exemptions Best Interest Standard Broker-Dealer CFTC Compensation Conflicts of Interest Dodd-Frank DOL ERISA Fiduciary Duty Final Rules Investment Adviser IRA PTEs Retirement Plan SEC Securities Security-Based Swaps Swap Dealers

Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities

District Court finds affiliated funds acted in de facto partnership which controlled portfolio company; Decision may be significant in making private equity acquisition structuring choices. As we previously reported, in...more

4/6/2016 - Commercial Bankruptcy Controlled Groups ERISA Investment Portfolios Joint and Several Liability Joint Venture Limited Partnership Agreements Multiemployer Plan PBGC Pensions Private Equity Funds Sun Capital Partners Withdrawal Liability

The ERISA Litigation Newsletter - February 2016

Editor's Overview - This month's article reviews a few non-ERISA cases before the U.S. Supreme Court, which may, depending on the breadth of the decisions, impact ERISA litigation. First, in Spokeo, Inc. v. Robins, the...more

2/24/2016 - 401k ADA Campbell Ewald v Gomez Class Action Class Certification Class Representatives EEOC Employee Benefits Equitable Lien ERISA IRS M&G Polymers v Tackett Montanile v Board of Trustees Mootness Retirement Plan Providers Rule 23(b)(3) Rule 68 SCOTUS Spokeo v Robins Standing Statistical Sampling Subrogation Tyson Foods v Bouaphakeo Wellness Programs

IRS Significantly Liberalizes Permitted Mid-Year Changes to Safe Harbor Plans

On January 29, 2016, the IRS issued Notice 2016-16 that provides guidance on mid-year changes to a safe harbor plan under sections 401(k) and 401(m) of the Internal Revenue Code. The guidance provides that a mid-year change...more

2/3/2016 - 401k 403(b) Plans Benefit Plan Sponsors Comment Period IRS New Guidance Safe Harbors

The U.S. Department of Labor's New Proposed Rules Defining Fiduciary Investment Advice

On April 14, 2015, the U.S. Department of Labor (DOL) issued its highly anticipated re-proposed regulation addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement...more

4/21/2015 - Benefit Plan Sponsors DOL ERISA Fiduciary Duty Internal Revenue Code (IRC) Investment Adviser IRA Proposed Regulation

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description. ...more

8/13/2013 - ERISA Litigation Strategies Summary Plan Description

Department of Labor Provides Relief From Required Annual Fee Disclosure

The U.S. Department of Labor (DOL) announced today in Field Assistance Bulletin (FAB) No. 2013-02 that it was adopting a temporary enforcement policy that would offer plan administrators temporary relief from certain of the...more

7/23/2013 - Deadlines Disclosure Requirements DOL Fees Plan Administrators

American Taxpayer Relief Act Affects Mass Transit Benefits and Other Employee Benefits

On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 ("ATRA") into law. ATRA, adopted as an alternative to stepping over the "fiscal cliff," preserves most of the Bush-era tax cuts and...more

1/21/2013 - 401k American Taxpayer Relief Act Bush-Era Tax Cuts Educational Assistance Programs FICA Taxes Fiscal Cliff Income Taxes IRA Rollovers Medicare Taxes Payroll Taxes Roth Conversions Transit Benefits

American Taxpayer Relief Act Affects Mass Transit Benefits and Other Employee Benefits

On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (“ATRA”) into law. ATRA, adopted as an alternative to stepping over the “fiscal cliff,” preserves most of the Bush-era tax cuts and...more

1/18/2013

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