William E. Trachman

William E. Trachman


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Latest Publications


Supreme Court to Review Birth Control Mandates Under Affordable Care Act Once More

For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010. On November 6, 2015, the Supreme...more

11/9/2015 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Healthcare Reform Religious Freedom Restoration Act SCOTUS

Marriage with a Capital "M": What Employers Need to Know About the Supreme Court's Decision in Obergefell v. Hodges

On June 26, 2015, the U.S. Supreme Court issued what can only be described as a landmark decision, ruling that the Fourteenth Amendment of the U.S. Constitution requires (i) all states to permit marriage between same-sex...more


Supreme Court Rules that Plan Fiduciaries Owe a Fiduciary Duty to Periodically Review Plan Investments

In a unanimous decision, the U.S. Supreme Court in Tibble v. Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the...more

5/29/2015 - 401k Collective Bargaining Employee Benefits ERISA Fiduciary Duty Retirement Plan SCOTUS Tibble v Edison Int

Political Speech and Activity in the Workplace: The 2014 Midterms are Here

Election season can be a heated time. In many contexts, this can mean arguments with friends, family, and acquaintances. It can also mean added tension and disagreement in the workplace. In some cases, employers may seek...more

10/30/2014 - Employee Rights First Amendment NLRA NLRB Political Expression

Ninth Circuit Rejects EEOC's Challenge of Tribal Hiring Preferences

Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co. The first...more


Supreme Court Rules in Favor of Hobby Lobby, Opens Door to Religious Objections to Statutes Covering Employers

On June 30, 2014, the U.S. Supreme Court ruled that closely held, for-profit entities with religious objections to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act ("the...more

7/8/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

7/8/2013 - Affordable Care Act Contraceptives Employee Benefits ERISA FDA Health Insurance Healthcare HHS Hobby Lobby HRSA Privately Held Corporations Religion RFRA Standing

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