News & Analysis as of

Breach of Duty Third Party Administrators

Pietragallo Gordon Alfano Bosick & Raspanti,...

ERISA: A Journey from a Promise of Protection to a Retirement Crisis

The closure of the Studebaker-Packard Corporation car manufacturing plant in 1963 was a major catalyst leading into the enactment of the Employee Retirement Income Savings Act of 1974 (“ERISA.”) ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Picking the cheapest provider can be a breach of fiduciary duty

When it comes to health and fitness, you constantly hear studies about what foods fight or cause cancer. Of course, those studies are then debunked. I remember how oat bran was cited to cut down on cholesterol and how...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - October 2019

How To Be A Big Thing In The 401(k) Plan Business Or Play One On TV. You may not be able to handle it. As a retirement plan provider, you need to stand out in the crowd be- cause of the competitive nature of the...more

McDermott Will & Emery

ERISA Health Plan Fiduciaries Defeat DOL’s Excessive Fee Claims

McDermott Will & Emery on

In one of the first ERISA cases to address claims against fiduciaries for excessive health plan fees, the court entered judgment in favor of the defendants on all counts. The decision addresses health plan fiduciary standards...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Theater of the Absurd

Chutzpah is nerve, shameless audacity. The best example of chutzpah is someone who kills their parents and asks the court for leniency because they’re an orphan. I’ve been in this business of ours for the past 20 plus...more

Polsinelli

TPAs, Plan Fiduciaries Should React Proactively to U.S. Department of Labor Settlement

Polsinelli on

In light of the recent settlement between the U.S. Department of Labor (DOL) and a health plan third-party administrator (TPA), plan fiduciaries and TPAs should re-examine, or even re-negotiate, portions of their current TPA...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - September 2016

Proskauer Rose LLP on

Editor's Overview - This month, we have re-published an interview of our colleague Seth Safra discussing the Department of Labor’s final regulation concerning fiduciaries and conflicts of interest. In this interview,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t make yourself a target

Sometimes if you don’t want to be a target, don’t make yourself to be a target. Insperity Inc. a provider of outsourced human resource and business management services to small and midsized businesses has been sued by...more

Carlton Fields

Leap of Bad Faith: TPAs May Be Sued for Aiding Their Own Actions

Carlton Fields on

Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more

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