News & Analysis as of

Data Breach Cybersecurity Employee Retirement Income Security Act (ERISA)

Woodruff Sawyer

Fiduciary Duty in the Digital Age: Cybersecurity Best Practices for ERISA Plans

Woodruff Sawyer on

Cybercriminals look for two things when seeking a victim—access and opportunity. ERISA retirement plans offer both. Cybercriminals exploit weaknesses in systems, software, or human behavior to find opportunities for easy...more

Jackson Lewis P.C.

Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

Jackson Lewis P.C. on

On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Foster Swift Collins & Smith

DOL Echoes Employee Benefits and Cybersecurity Best Practices

On April 14, 2021, the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance was highly...more

Nelson Mullins Riley & Scarborough LLP

Managing the Impacts of the Change Healthcare Cyberattack

UnitedHealth Group (“UHC”) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare (“CHC”). In its announcement,...more

Holland & Knight LLP

Plaintiffs Request Court Approval of $8.7M Settlement in ERISA Class Action Cyberattack Lawsuit

Holland & Knight LLP on

Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered...more

Nossaman LLP

Podcast: Cybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the Hackers

Nossaman LLP on

With recent well-publicized data breaches impacting pension systems and their retirees nationally, as well as increased Department of Labor scrutiny surrounding cybersecurity policies and procedures implemented by ERISA...more

Robinson+Cole Data Privacy + Security Insider

Alight Solutions Must Comply with Subpoena Issued by DOL in Cybersecurity Incident Investigation

A subpoena was issued to Alight Solutions by the U.S. Department of Labor (DOL) for documents related to a cybersecurity breach that potentially resulted in Employee Retirement Income Security Act (ERISA) violations. Alight...more

Robinson+Cole ERISA Claim Defense Blog

District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches

A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents...more

ArentFox Schiff

US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence

ArentFox Schiff on

US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence - The Dep’t of Homeland (DHS) Security Science and Technology Directorate recently published its Artificial Intelligence & Machine...more

Davis Wright Tremaine LLP

Department of Labor Announces Cybersecurity Guidance for ERISA Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) recently announced its first cybersecurity guidance for retirement plans subject to the Employee Retirement Income Security Act of...more

Faegre Drinker Biddle & Reath LLP

Cybersecurity: A Plan Sponsor Obligation

A recently filed lawsuit against a trust company serving as a 401(k) plan trustee, the second of its kind in the last few months, highlights the need for plan sponsor diligence in protecting participant data and accounts in...more

Jackson Lewis P.C.

Personal Data From Thousands Of Pension Plan Accounts Breached…Third-Party Service Provider Blamed

Jackson Lewis P.C. on

One of the last things pension plan participants would want to learn as they get ready to celebrate the Christmas holiday is that personal data from their pension accounts may have been compromised. This is the case,...more

Morgan Lewis

Retirement Plan Cybersecurity: Don't Assume Outsourced Administration Is Duty Free

Morgan Lewis on

For years, there has been a persistent trend toward outsourcing retirement plan recordkeeping and other administrative responsibilities. Although historically more prevalent for defined contribution plans, this outsourcing...more

Jackson Lewis P.C.

Could This Be Your Retirement Plan?

Jackson Lewis P.C. on

As reported by CBC, B.C. Pension Corporation announced a data breach involving pension plan records after discovering a box containing microfiche could not be found following a recent office move. The box contained personal...more

Foley & Lardner LLP

Cybersecurity Risks to Employee Benefit Plans - Are You Prepared?

Foley & Lardner LLP on

Unless you’ve been living on a remote mountaintop or inside a cave for the past 10 years, chances are good you’ve either been affected by a cybersecurity breach or know someone who has. Among many other businesses, recent...more

Jones Day

Data Breach Risks for 401(k) and Retirement Plans

Jones Day on

There has been a recent spike in attacks on 401(k) and retirement plans by cyber criminals. Some have been reported publicly, and we are aware of several nonpublic incidents as well....more

Poyner Spruill LLP

Cybersecurity Threats: What Retirement Plan Sponsors and Fiduciaries Need to Know – and Do

Poyner Spruill LLP on

What is the Risk? The loss of employee personal information due to a cyber breach is an ever-increasing concern to all employers. After years of work to put into place protocols to comply with HIPAA’s requirements on...more

McGuireWoods LLP

Retirement Plans Incur Data Breaches; ERISA Council Addresses Cyber Risks

McGuireWoods LLP on

Until relatively recently, retirement plans have not made the news as targets of data breaches. This is somewhat surprising, given the wealth of participants’ personal data stored online by these plans. This past summer,...more

McGuireWoods LLP

ERISA and Cybersecurity

McGuireWoods LLP on

Employee benefit plan data stored online may include participants’ names and Social Security numbers, account information and protected health information (PHI), all of which are inviting targets for hackers....more

McDermott Will & Emery

Employers with Group Health Plans: Have You Notified State Regulators of the Breach?

McDermott Will & Emery on

Data security breaches affecting large segments of the U.S. population continue to dominate the news. Over the past few years, there has been considerable confusion among employers with group health plans regarding the...more

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