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: A recent district court decision highlights the continued uncertainties about what it means to include an arbitration clause in an ERISA plan. While courts generally agree that such clauses are, in theory,...more
Seyfarth Synopsis: Recognizing that the Plan contained an unambiguous arbitration provision, and that “ERISA claims are generally arbitrable,” the Seventh Circuit Court of Appeals nonetheless found that arbitration could not...more
Seyfarth Synopsis: In a recent decision highlighting the potential for far-reaching responsibility for withdrawal liability payments, the Court of Appeals for the Seventh Circuit affirmed a judgment against two individuals...more
Seyfarth Synopsis: Effective January 1, 2020, the Illinois Workplace Transparency Act (WTA) amended the Illinois Human Rights Act (IHRA) to, among other items, require all employers in Illinois to provide annual sexual...more
2/28/2020
/ #MeToo ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Freelance Workers ,
Independent Contractors ,
Labor Regulations ,
New Guidance ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Transparency
Seyfarth Synopsis: On Friday, August 9, 2019, Governor J. B. Pritzker signed a wide-ranging bill that, among other things, encompasses the Workplace Transparency Act. The Act, which will impact nearly every employer in...more
8/14/2019
/ #MeToo ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Transparency
This is the one hundred and nineteenth issue in our series of alerts for employers on selected topics on health care reform. ...more
Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more
2/12/2019
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Disability Benefits ,
Disability Discrimination ,
Employer Liability Issues ,
Essential Functions ,
Hiring & Firing ,
Job Descriptions ,
Motion for Summary Judgment ,
Reasonable Accommodation
Seyfarth Synopsis: A recent case from the Eastern District of Pennsylvania reaffirms the basic principle that a threshold element of any ERISA claim is pleading the existence of an ERISA plan....more
The Fourth Circuit found in favor of an insurer on a claim for life insurance benefits, finding the insured’s failure to submit the required evidence of insurability was not excused by his employer having wrongly deducted...more
6/20/2018
/ Breach of Duty ,
Breach of Trust ,
Discovery ,
Eligibility ,
Employee Benefits ,
Evidence of Insurability (EIF) ,
Fiduciary Duty ,
Insurance Claims ,
Life Insurance ,
Putative Class Actions ,
Summary Judgment
Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more
Seyfarth Synopsis: Since August 2016, sixteen elite colleges and universities have faced class action lawsuits related to management of their retirement plans. After five cases previously survived motions to dismiss, the...more
9/28/2017
/ Breach of Duty ,
Class Action ,
Colleges ,
Dismissals ,
Employee Benefits ,
Excessive Fees ,
Fiduciary Duty ,
Fraud ,
Investment Companies ,
Investment Management ,
Penn State ,
Retirement Plan ,
Universities
Seyfarth Synopsis: In a strong decision for insurers, the Eighth Circuit affirmed summary judgment for the administrator, rejected plaintiff’s conflict of interest argument, and found that it was not arbitrary for the...more
Seyfarth Synopsis: Adding to the body of conflicting authority on the scope of the attorney-client privilege in ERISA lawsuits, a district court has found that the fiduciary exception to attorney-client privilege applies to...more
3/9/2017
/ Attorney-Client Privilege ,
Benefit Plan Sponsors ,
Compensation & Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Exception ,
Insurance Industry ,
Long Term Disability Insurance ,
Privileged Communication ,
Retirement Plan