The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation.
Nonenforcement of 2024 Mental Health Parity Regulations -
Earlier...more
5/29/2025
/ 401k ,
Class Action ,
Consolidated Appropriations Act (CAA) ,
Cunningham v Cornell University ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Fiduciary Duty ,
Health Insurance ,
IRS ,
Litigation Strategies ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
SCOTUS ,
Surcharges ,
Tobacco ,
U.S. Treasury
The April Monthly Minute showers readers with some eye-opening case law updates, ranging from a $38.8M jury verdict in a 401(k) fee case, to a pair of cases involving Elevance (f/k/a Anthem) health plan coverage exclusions....more
4/30/2025
/ 401k ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Disability Discrimination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Insurance Litigation ,
Mental Health ,
Settlement
The February Monthly Minute highlights a new online ACA reporting alternative, the DOL’s temporary policy regarding escheatment of small retirement benefits owed to missing participants, and new guidance clarifying the gag...more
2/25/2025
/ Affordable Care Act ,
Beneficiaries ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Gag Clauses ,
IRS ,
Missing Plan Participants ,
New Guidance ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Unclaimed Property
The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more
1/29/2025
/ Beneficiaries ,
Benefit Plan Sponsors ,
Class Action ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Lost Earnings ,
Retirement Plan ,
Risk Management ,
Self-Correction Programs
The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more
10/23/2024
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Disclosure ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agenda ,
Retirement Plan ,
Statutory Authority ,
Statutory Interpretation
The June Monthly Minute highlights recent DOL guidance on annuity provider selection for defined benefit plans and IRS Q&As that provide details on SECURE 2.0’s optional emergency and domestic abuse victim distributions for...more
Happy Holidays! The December Monthly Minute includes a fiduciary checkup reminder and a look at HHS’ recent settlement stemming from a phishing attack that impacted ePHI of nearly 35,000 individuals....more
12/21/2023
/ Benefit Plan Sponsors ,
Contract Negotiations ,
Data Breach ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Fiduciary Rule ,
HIPAA Privacy Rule ,
Investment Adviser ,
Phishing Scams ,
Policies and Procedures ,
Privacy Laws ,
Request for Proposals ,
Settlement
The March Monthly Minute highlights new proposed deadlines for use of retirement plan forfeitures, unsuccessful efforts to overturn the final ESG rule, and ACA penalty increases for 2024.
Sorry Not Sorry: Biden Vetoes...more
3/27/2023
/ 401k ,
Deadlines ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Forfeiture ,
IRS ,
Joe Biden ,
Penalties ,
Presidential Veto ,
Proposed Regulation ,
Reporting Requirements
The November Monthly Minute examines the new DOL final rule addressing fiduciary duties relating to ESG investing and shareholder rights, and a DOL proposed rule that would permit self-correction of late employee...more
In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance.
Crypto-Curious vs....more
3/31/2022
/ 401k ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Fiduciary Duty ,
Investment Management ,
Investment Opportunities ,
IRS ,
Required Minimum Distributions ,
Retirement Plan
The February Monthly Minute examines the DOL’s recent focus on mental health parity compliance, the Hughes vs. Northwestern University retirement plan fee litigation, and the latest COVID-19 testing coverage guidance....more
2/24/2022
/ Breach of Duty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
EBSA ,
Employee Benefits ,
Employer Group Health Plans ,
Excessive Fees ,
Fiduciary Duty ,
Health Insurance ,
Hughes v. Northwestern University ,
Infectious Diseases ,
Investment Opportunities ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Retirement Plan ,
SCOTUS ,
Virus Testing