Seyfarth Synopsis: The Supreme Court unanimously upheld Act 900, an Arkansas law regulating Pharmacy Benefit Managers (PBMs). The opinion could be used as a framework for states to attempt to indirectly regulate ERISA plans...more
Seyfarth Synopsis: A recent Supreme Court decision on federal securities law may hold ramifications for ERISA practitioners by addressing whether disgorgement is an equitable remedy....more
7/22/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Seyfarth Synopsis: The Supreme Court dismissed, prior to any discovery, claims of ERISA fiduciary breach because the plan participant-plaintiffs failed to show that the alleged breaches caused them concrete injury. ...more
6/8/2020
/ Article III ,
Breach of Duty ,
Defined Benefit Plans ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Injury-in-Fact ,
Investment Adviser ,
Mismanagement ,
Pensions ,
Plan Participants ,
Retirement Plan ,
SCOTUS ,
Standing ,
Thole v U.S. Bank
Seyfarth synopsis: The Supreme Court has just granted certiorari in a case regarding the question of whether ERISA preempts state efforts to regulate Pharmacy Benefit Managers (PBMs). The decision will have important...more
Seyfarth Synopsis: Reversing course and overruling previous precedent, the Court of Appeals for the Ninth Circuit now holds that ERISA plan mandatory arbitration and class action waiver provisions are enforceable, and can...more
10/16/2019
/ 401k ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Charles Schwab ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Putative Class Actions ,
Retirement Plan
Seyfarth synopsis: Arkansas has sought certiorari on the question of the ability of states under the ERISA preemption clause to regulate the rates charged by PBMs, and the Supreme Court has asked for the input of the...more
Seyfarth Synopsis: A provider that is not seeking benefits based upon an assignment of a patient’s claims under ERISA but instead is pursuing state law claims based solely on agreements and representations made directly by...more
In the growth of the gig economy, many employers are increasing the number of categories of their employees and associates. One challenge of the gig economy is determining when a worker qualifies as a full-time employee for...more
5/6/2019
/ Affordable Care Act ,
Benefit Plan Sponsors ,
Employee Benefits ,
Employer Liability Issues ,
Full-Time Employees ,
Gig Economy ,
Health Insurance ,
Hiring & Firing ,
Look-Back Measurement Period ,
Safe Harbors ,
Wage and Hour
Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure of protected private health information....more
Seyfarth synopsis: The Second Circuit reversed dismissal of an ERISA stock drop class action finding plaintiff alleged enough to plausibly show that disclosure of alleged corporate problems would not have done more harm than...more
12/19/2018
/ 401k ,
Breach of Duty ,
Class Action ,
Common Stock ,
Disclosure Requirements ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
Retirement Plan ,
Stock Drop Litigation
Employers who are interested in designing different benefits packages for different categories of employees must comply with both the Internal Revenue Code and the Affordable Care Act. ...more
Seyfarth Synopsis: Claims for benefits at termination may proceed as a breach of contract claim in state court, and avoid ERISA preemption, where the calculations are individualized, straightforward and do not implicate an...more
Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more
12/11/2017
/ Anti-Discrimination Policies ,
Employment Policies ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
LGBTQ ,
Ltd. v. Colorado Civil Rights Commission ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Oral Argument ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
Seyfarth Synopsis: The Fourth Circuit found that the medical necessity of a given service constitutes a material element of representations regarding submissions for payment, potentially providing payors with another legal...more
11/16/2017
/ Clinical Laboratories ,
Criminal Convictions ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
False Billing ,
Health Clinics ,
Health Insurance ,
Healthcare Fraud ,
Material Misrepresentation ,
Medical Necessity
Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more
10/12/2017
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Seyfarth Synopsis: The Ninth Circuit Court of Appeals recently confirmed that ERISA preempts state insurance law bans on discretionary clauses for self-funded ERISA plans....more
9/11/2017
/ Aetna ,
Denial of Benefits ,
Disability Benefits ,
Discretionary Clauses ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health Insurance ,
Insurance Industry ,
Popular ,
Preemption ,
Self-Funded Health Plans
Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more
8/22/2017
/ Civil Rights Act ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Gender Identity ,
LGBTQ ,
Military Service Members ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more
7/10/2017
/ Benefit Plan Sponsors ,
Employee Benefits ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Marriage Equality ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Obergefell v. Hodges ,
Public Accommodation ,
Same-Sex Marriage ,
SCOTUS ,
TX Supreme Court
Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant...more
5/9/2017
/ Anti-Discrimination Policies ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Employment Litigation ,
First Amendment ,
Freedom of Religion ,
Judicial Appointments ,
Neil Gorsuch ,
NLRA ,
Nominations ,
Same-Sex Marriage ,
SCOTUS ,
Trump Administration
Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more
Seyfarth Synopsis: The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do.
In...more
As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more
Make no mistake, the role of Justice of the U.S. Supreme Court profoundly impacts the balance of power among the branches of our government. Now, with the untimely passing of Justice Antonin Scalia on February 13, the void...more
2/15/2016
/ Affirmative Action ,
Affordable Care Act ,
Antonin Scalia ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
Judicial Appointments ,
Nominations ,
SCOTUS ,
Spokeo v Robins ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
In a landmark decision, the U.S. Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion authored by Justice Anthony Kennedy, the Court held that the Due Process...more
6/29/2015
/ Due Process ,
Employee Rights ,
Equal Protection ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Obergefell v. Hodges ,
Same-Sex Marriage ,
SCOTUS ,
Spouses ,
US v Windsor
Background -
Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue...more
4/28/2015
/ Anti-Discrimination Policies ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Hollingsworth v Perry ,
LGBTQ ,
Marriage Equality ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Title VII ,
US v Windsor