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: 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: 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 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
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