News & Analysis as of

The Contraception Coverage Controversy Continues…

As we have been discussing, the Affordable Care Act (“ACA”) requires all health plans to cover preventive health services for women, including all Food and Drug Administration (“FDA”)-approved contraceptives, at no cost (i.e....more

Hobby Lobby Redux

The regulations set forth two possible approaches to defining a “qualifying closely held for-profit entity” In Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014) the Supreme Court held that the requirement to...more

Government Agencies Release Further Accommodations to Organizations Opposing Mandated Contraceptive Coverage

In response to the recent U.S. Supreme Court decision in Burwell v. Hobby Lobby, Inc., the U.S. Departments of Health and Human Services (HHS) and Labor (DOL) published proposed rules on August 22, 2014, expanding the...more

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning,...more

Health Care Update - July 2014 #3

In This Issue: - First Guidance following Hobby Lobby released - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State...more

Hobby Lobby: Just a Start

As a trial lawyer, I rarely pay much attention to dissenting opinions. They do not serve as meaningful precedent, and they tend only to express the loser’s frustrated perspective. But Justice Ginsburg’s dissent in the Supreme...more

Four Myths of the Hobby Lobby Decision: Separating Fact from Fiction

Unless you have been living on another planet the past few weeks, you have probably heard that the United States Supreme Court rendered a decision in a case involving the arts and crafts store Hobby Lobby pertaining to...more

The ERISA Litigation Newsletter - July 2014

Editor's Overview - The end of the U.S. Supreme Court's term brought two significant ERISA decisions. The first concerns the standard of review that courts apply when evaluating ERISA stock-drop claims. As discussed...more

Religious Institutions Update

The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more

Does “Hobby Lobby” Apply to My Family Business?

On Monday, June 30, 2014, the United States Supreme Court ruled that “closely-held” for-profit companies could be exempt from the Affordable Care Act (“ACA”) requirement to offer birth control coverage to their employees. As...more

Burwell v. Hobby Lobby: What Else the Hobby Lobby Decision means

Whether you are a friend or foe of the Hobby Lobby decision handed down by the United States Supreme Court this past Monday, citizens must know the very real and far-reaching consequences of the decision. This...more

Impact to Calif. Employers From Hobby Lobby Ruling

On June 30, 2014, the U.S. Supreme Court handed down its decision in the Burwell v. Hobby Lobby case, holding that closely held corporations could refuse to provide contraceptive coverage mandated by U.S. Department of Health...more

Health Care Reform Implementation Update - July 2014

On June 30, in one of the most highly anticipated cases affecting the Affordable Care Act (ACA), the Supreme Court ruled that closely held companies could assert a “religious objection” to the ACA contraceptive coverage...more

Recent Employee Benefits Developments

Amending Retirement Plans to Recognize Same-Sex Marriages Plan sponsors need to review retirement plan documents and operations to determine whether changes are needed in response to last year's Supreme Court decision in U.S....more

Supreme Court holds that the “Contraception Mandate” of the Affordable Care Act violates the Religious Freedom Restoration Act

On June 30, 2014, the Supreme Court issued its highly-anticipated decision in the matters of Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burell. In each of these cases, for-profit corporations...more

Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations

Last Thursday, while many of us were preparing for the long weekend ahead, the U.S. Supreme Court was hard at work, issuing an order that may have far-reaching implications for religious nonprofit organizations. ...more

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive...more

Affordable Care Act: Hobby Lobby Decision Limits Contraception Requirement

As widely reported, on June 30th, the United States Supreme Court held in Burwell v. Hobby Lobby Stores that certain methods of contraception under the preventive health services requirements of the Patient Protection and...more

Key Questions Left in the Wake of the Supreme Court's Hobby Lobby Decision

On June 30, 2014, the U.S. Supreme Court held in Burwell v. Hobby Lobby Stores, Inc. et al., that the Affordable Care Act's "contraceptive mandate", as applied to "closely held corporations", violates the Religious Freedom...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

Full of Sound and Fury: The Supreme Court’s Decision on the Affordable Care Act’s Controversial Contraceptive Coverage Mandate

A divided Supreme Court ruled it is a violation of the Religious Freedom Restoration Act (RFRA) to mandate that certain closely held corporations provide contraceptive coverage under their group health plans. RFRA prohibits...more

The Supreme Court’s Ruling in Hobby Lobby that Closely Held, For-Profit Companies Should Receive Religious Exemptions From...

On June 30, 2014, the US Supreme Court decided the case of Burwell v. Hobby Lobby Stores, Inc. in a 5-4 decision along partisan lines. The Court ruled that closely held, for-profit companies are entitled to certain religious...more

Religious Freedom Law Exempts Employers from ACA Contraceptive Mandate, Supreme Court Holds

The U.S. Supreme Court has ruled in favor of three for-profit corporations that claimed that the Affordable Care Act (ACA) mandate to provide preventive care coverage for certain types of contraception violated the...more

Impact of the Supreme Court’s Hobby Lobby Stores Decision

On June 30, 2014, in Hobby Lobby Stores, the Supreme Court held that corporations are persons for purposes of the Religious Freedom Restoration Act (“RFRA”) and, as a result, if a corporation has a sincerely held religious...more

The Supreme Court’s Hobby Lobby Decision Carries Broad Implications for Employers

The U.S. Supreme Court this week issued its long-awaited decision in Burwell v. Hobby Lobby Stores, Inc., regarding the ability of for-profit corporations to refuse to abide by regulations that require them to provide...more

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