In a unanimous decision reversing dismissal of prohibited transaction claims based on fees paid to defined contribution plan recordkeepers, the Supreme Court held that ERISA’s prohibited transaction exemptions are affirmative...more
4/18/2025
/ Appeals ,
Benefit Plan Sponsors ,
Class Action ,
Compensation & Benefits ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Motion to Dismiss ,
Pleading Standards ,
Popular ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS
Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA?...more
The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been...more
4/2/2025
/ Annuities ,
Article III ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
Pensions ,
Retirement Plan ,
Standing
Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that...more
3/29/2023
/ Breach of Duty ,
Class Action ,
Class Certification ,
Class Representatives ,
Compensation & Benefits ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
FRCP 23(a) ,
Investment Management ,
Retirement Plan
Seyfarth Synopsis: After focusing most of its attention on retirement benefit plans, a recent complaint filed in the District of Connecticut shows that the plaintiffs’ bar is turning to health and welfare plans as targets for...more
Seyfarth Synopsis: As more employers announce that they cover travel benefits under their medical plans that will allow participants to be reimbursed for certain travel expenses necessary in order to access otherwise covered...more
Seyfarth has been working closely with the Illinois Chamber of Commerce to advance Illinois House Bill 559, sponsored by House Representatives Jim Durkin, Dan Caulkins, and Thomas M. Bennett. The bill has advanced out of...more
Seyfarth Synopsis: After extensive negotiations, Wednesday night the Senate passed a massive COVID-19 relief package. This post provides the highlights of the bill’s impact on air carriers and railroads....more
With President Obama’s recent nomination of Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit to the U.S. Supreme Court, we thought our loyal readers would be interested to learn a little about Judge...more
4/12/2016
/ Administrative Remedies ,
Denial of Benefits ,
Disability Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exhaustion Doctrine ,
Judicial Appointments ,
Merrick Garland ,
PBGC ,
Pension Benefits ,
Pensions ,
Preemption ,
SCOTUS ,
Settlement Agreements
The Securities and Exchange Commission’s (SEC) Office of the Whistleblower (Office) recently released its 2015 Annual Report on the Dodd-Frank Whistleblower Program (Report) (November 16, 2015)....more
It is once again that time of year when we remind our clients with operations in New Jersey of their obligation to distribute certain required notices to their employees.
First, those employers with 10 or more employees,...more
Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more
10/10/2015
/ Breach of Duty ,
CT Supreme Court ,
Disability Discrimination ,
Discipline ,
First Amendment ,
Free Speech ,
Investors ,
Property Valuation ,
Public Concern ,
Real Estate Investments ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”),...more
Whistleblowers continue to reap extraordinary awards under Dodd-Frank’s “bounty” program in exchange for bringing the Securities and Exchange Commission (SEC) “original” information that leads to a successful enforcement...more
Hailed as “another achievement” for the government’s Health Care Fraud Prevention and Enforcement Action Team (referred to as “HEAT”), the U.S. Department of Justice has announced that a Florida skilled nursing company and...more
7/3/2015
/ Anti-Kickback Statute ,
Corporate Integrity Agreement ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
HEAT ,
Kickbacks ,
Medicaid ,
Medical Directors ,
Medicare ,
Patient Referrals ,
Physicians ,
Skilled Nursing Facility ,
Whistleblowers
The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud...more