Benefits Industry Predictions for 2026
PODCAST: Williams Mullen's Benefits Companion Podcast - Voluntary Benefits and the Rising Risk for Employers
Employee Benefits and Executive Compensation Preparing for 2026 – Top Five Health and Welfare Updates — Troutman Pepper Locke Podcast
PODCAST: Williams Mullen's Benefits Companion - Best Practices for Reducing ERISA Litigation Risk
ERISA Claims: How Can Benefits Be An Employer’s Burden?
For years, employers have treated fiduciary governance as a retirement‑plan issue. Formal committees, documented processes, and ongoing oversight became standard in response to excessive fee litigation and regulatory...more
ISSUES AND UPDATES - Trade Secret Litigation Trends in Life Sciences - Trade secret litigation has risen sharply in recent years, driven by increased employee mobility, complex collaboration agreements, and heightened...more
As federal and state governments continue to prioritize drug pricing reform, employers across the nation face a rapidly evolving landscape of legal and regulatory scrutiny regarding the management of their health plans. A...more
A recent federal appellate decision put certification of ERISA claims under the microscope. In Trauernicht v. Genworth Financial Inc., the Fourth Circuit Court of Appeals decertified a class action asserting claims under...more
This month’s Friday Five explores decisions (1) upholding a choice of law provision in a long-term disability policy, (2) granting an administrator’s request for reimbursement after overpaying a claimant for years, (3)...more
Employers nationwide are experiencing a new wave of ERISA litigation targeting so-called “tobacco surcharges” on employees enrolled in employer-sponsored health plans. Because these lawsuits are generally brought as putative...more
The U.S. Court of Appeals for the Fourth Circuit held that ERISA claims brought in the context of a defined contribution plan were individualized monetary claims, and thus certification under Rule 23(b)(1) was not appropriate...more
On April 7, 2026, the Court of Appeals for the Sixth Circuit affirmed that portions of Tennessee’s pharmacy benefit manager (“PBM”) laws are preempted by the Employee Retirement Income Security Act (“ERISA”) as applied to...more
A pending lawsuit against Northwestern University and its health plan fiduciaries raises novel claims that could be problematic for employers that offer multiple medical benefit options if the court’s recent denial of...more
In the first quarter of 2026, circuit courts from around the country issued important decisions with potentially far-reaching implications for insurance class actions—and class actions more generally....more
The April Monthly Minute highlights newly filed litigation alleging improper disclosures by a telehealth vendor of mental health information for purposes of unsolicited advertising, the latest IRS guidance on educational...more
To avoid ERISA’s strict limitations in the types of relief available and other procedural hurdles, many dissatisfied employees and other plan participants attempt to obtain employee benefits by filing state law claims. For...more
Class action lawsuits have recently been filed against employers that offer voluntary benefit programs, as well as against the employers’ brokers and benefits consultants. These suits specifically target employers that offer...more
The U.S. Court of Appeals for the Sixth Circuit recently decided McKee Foods Corp. v. BFP, Inc. The Court held that the Employee Retirement Income Security Act (ERISA) preempts key parts of Tennessee’s “any-willing-pharmacy”...more
Recently, the Sixth Circuit issued a significant ERISA preemption ruling for employers and pharmacy benefit managers (PBMs). The court held that Tennessee’s PBM laws, which require “any willing” pharmacy access and limiting...more
Employers in the construction industry often use union employees subject to collective bargaining agreements. With collective bargaining agreements, contributions to multiemployer pension funds are common, potentially...more
Employers sponsoring wellness programs including tobacco surcharges have faced a growing wave of ERISA class action litigation over the past several years. These lawsuits primarily challenge whether such programs comply with...more
The recent rise in state law regulation of pharmacy benefit managers (PBMs) and prescription drug pricing continues to test the limits of preemption under the Employee Retirement Income Security Act of 1974, as amended...more
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. The ERISA Litigation Update gathers notable developments in this space, including important court...more
The Ninth Circuit recently issued a pair of decisions clarifying how the rules governing withdrawal liability apply to employers in certain industries. In Walker Specialty Const., Inc. v. Bd. of Trs. of the Constr. Indus. &...more
Each April, National Employee Benefits Day provides an opportunity to reflect on the rapidly shifting landscape of employer‑sponsored benefits. From implementing new tax laws, a flurry of executive orders with implications...more
Key Takeaways - A federal district court in Arkansas granted summary judgment in favor of an ESOP sponsor, its board and the ESOP trustee, rejecting claims that a two-step releveraging transaction violated ERISA fiduciary...more
In January, the IRS released updated notice language that plan administrators may use to notify participants of the tax impact of eligible rollover distributions. The new templates replace previously released versions, taking...more
This issue of the Friday Five discusses the Fifth Circuit’s strict approach to review deadlines, a court chiding an administrator for relying on evidence not in the record, a court’s refusal to permit discovery into claims...more
Within the past week, two Texas federal district courts entered orders vacating the Department of Labor’s (“DOL”) 2024 regulation (the “2024 Fiduciary Rule”) re-defining the circumstances under which a person will be deemed...more