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Department of Labor (DOL) Employee Retirement Income Security Act (ERISA) Supreme Court of the United States

Davis Wright Tremaine LLP

How Does the Demise of Chevron Deference Affect Employee Benefit Plans and ERISA Regulatory Actions and Litigation?

Since 1984, citation to Chevron v. Natural Resources Defense Council ("Chevron") has meant that courts should defer to an agency's interpretations of an ambiguous statute—as long as the agency's interpretation is...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - July 2024

The July Monthly Minute considers the impact of the Supreme Court’s Loper decision in overturning the longstanding Chevron deference standard, along with a district court case awarding penalties for failing to produce plan...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Mayer Brown

ERISA Cases in a Post-Chevron World

Mayer Brown on

On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo that upends a longstanding feature of administrative law—Chevron deference. In Loper Bright, the Court expressly overruled...more

Jackson Lewis P.C.

Where Does the End of Chevron Deference Leave ERISA?

Jackson Lewis P.C. on

For the last 40 years, judges were required to defer to administrative agencies’ reasonable interpretations of ambiguous federal statutes under Chevron v. Natural Resources Defense Council. The Supreme Court upended that...more

Morgan Lewis - ML Benefits

Impact on ERISA Regulation if Supreme Court Throws Chevron Deference Overboard

The US Supreme Court heard arguments on January 17 in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. In both cases, a commercial herring fishing company challenged a regulatory requirement that...more

McDermott Will & Emery

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

McDermott Will & Emery on

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

McDermott Will & Emery

From Clinic to Courtroom: Legislation and Litigation Limiting Prescription Practices

McDermott Will & Emery on

On April 20, 2023, McDermott’s Alden Bianchi was a speaker at the ERISA Industry Committee’s 2023 Annual Spring Policy Conference, which was held at the National Press Club in Washington, D.C. The panel in which he...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Foley & Lardner LLP

Two Recent Health and Welfare Cases Provide Important ERISA Reminders

Foley & Lardner LLP on

We usually focus most on significant ERISA court decisions, particularly those from the Supreme Court, that clarify important open legal issues under ERISA. However, some ERISA court decisions simply serve as important...more

Mintz - Employment Viewpoints

Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health

On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more

Jackson Lewis P.C.

Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws

Jackson Lewis P.C. on

On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey,...more

Stoel Rives LLP

ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Stoel Rives LLP on

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent...more

Jackson Lewis P.C.

Private Equity Investments In 401(K) Plans – The DOL Says Not So Fast

Jackson Lewis P.C. on

Hot button ERISA fiduciary issues remain a focus for investment committees of 401(k) plans in 2022. From “excessive” fee litigation – including litigation over the duty to monitor the fees charged by various mutual funds...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Foley & Lardner LLP

ERISA Preemption of State Laws Requiring Employers to Report or Disclose Benefit Plan Information to Employers

Foley & Lardner LLP on

Last December, the U.S. Supreme Court unanimously held that provisions of an Arkansas law that regulated the use by pharmacy benefit managers (“PBMs”) of maximum allowable cost programs to limit retail pharmacy reimbursement...more

McGuireWoods Consulting

The Courts and Healthcare Policy - July 2021

2020 saw the courts continuing to play an important role in health policy with several notable lawsuits related to the Affordable Care Act (ACA). Several other Trump administration policies were challenged, including Medicare...more

Verrill

Primer on Severance Plans Under ERISA and the Tax Code

Verrill on

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall...more

Pullman & Comley - Labor, Employment and...

Supreme Court’s Sulyma Decision Creates Proof of Actual Knowledge Issue for Plan Fiduciaries

Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses.  The most well-known of...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2019

Proskauer Rose LLP on

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

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2019

Proskauer Rose LLP on

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Eversheds Sutherland (US) LLP

The Supreme Court lets stand a holding that parties under DOL investigation can expressly waive time limits on ERISA claims

As the 2017-2018 term of the US Supreme Court came to a close, a key tool relied on by the Department of Labor (DOL) in enforcement cases under the Employee Retirement Income Security Act of 1974, as amended (ERISA) was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

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