Since 1984, citation to Chevron v. Natural Resources Defense Council ("Chevron") has meant that courts should defer to an agency's interpretations of an ambiguous statute—as long as the agency's interpretation is...more
8/28/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Class Action ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
IRS ,
Retirement Plan ,
SCOTUS ,
SECURE Act ,
Statutory Interpretation
Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more
5/30/2024
/ Attorney's Fees ,
Burden of Proof ,
Class Action ,
Depositions ,
Discovery ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary ,
Investment ,
Investment Adviser ,
Jurisdiction ,
Jury Trial ,
Retirement Plan ,
Standing ,
Summary Judgment
SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement...more
Fueled by concerns regarding investments made for environmental, social and corporate governance, or similar considerations (ESG) in retirement plans, the U.S. Department of Labor (DOL) has proposed amendments to the...more
The IRS has significantly expanded the categories of "qualified individuals" who can receive distributions and loans with favorable tax treatment to include individuals who have suffered a pay cut and those whose spouses and...more
The U.S. Supreme Court's decision, Thole v U.S. Bank, on June 1, 2020, has limited the right of defined benefit plan participants to sue for fiduciary violations to situations in which the defined benefit plan is unable to...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
As COVID-19 expands across the nation, so too is the number of laws aimed at addressing the pandemic, some with particular respect to employee benefits. As a result, employers are taking stock of their situation and examining...more
This advisory summarizes key provisions in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) applying to employee benefit plans. We provide a summary of key items and more detailed FAQs relating to...more
3/30/2020
/ 401k ,
CARES Act ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
Employee Benefits ,
Employer Group Health Plans ,
Hardship Distributions ,
Payroll Taxes ,
Relief Measures ,
Retirement Plan ,
Student Loans ,
Tax Credits ,
Telehealth
On June 26, 2013, the Supreme Court issued its landmark ruling in Windsor v. United States holding that same-sex marriages valid under state law are now recognized at the federal level, thereby transforming the treatment of...more
7/1/2013
/ Civil Unions ,
COBRA ,
DOMA ,
Domestic Partnership ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Hollingsworth v Perry ,
Income Taxes ,
Proposition 8 ,
Retirement Plan ,
Same-Sex Marriage ,
SCOTUS ,
Standing ,
US v Windsor