News & Analysis as of

Employee Retirement Income Security Act

Employee Retirement Income Security Act is a United States federal law enacted in 1974 to set minimum standards for pension and health plans in the private sector and to protect participants in those plans.... more +
Employee Retirement Income Security Act is a United States federal law enacted in 1974 to set minimum standards for pension and health plans in the private sector and to protect participants in those plans.  ERISA requires plans to provide information to participants, establishes a grievance process,  and allows participants to sue for benefits or breach of fiduciary duties.  less -
Seyfarth Shaw LLP

Out Of Network Provider’s Claim Against Health Insurer Avoids ERISA Preemption

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A provider that is not seeking benefits based upon an assignment of a patient’s claims under ERISA but instead is pursuing state law claims based solely on agreements and representations made directly by...more

Eversheds Sutherland (US) LLP

The emerging patchwork of fiduciary investment advice regulation – Putting the pieces together (update)

By all accounts, 2019 will see a number of fiduciary and best interest investment advice regulations advance at both the federal and state levels. Firms subject to these regulations will face challenges in dealing with rules...more

Jackson Lewis P.C.

Changes To Employee Benefit Plans May Create Unforeseen Disclosure Deadlines

by Jackson Lewis P.C. on

Believe it or not, it may be time to distribute a new Summary Plan Description (SPD) to include all changes made since the last issuance or a Summary of Material Modifications (SMM) for any amendments adopted during the 2018...more

McDermott Will & Emery

Former Employee’s Release Agreement Bars ERISA Claim Against ESOP Fiduciary

by McDermott Will & Emery on

A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan. A plan, employer or fiduciary that wants to ensure a release that...more

Morgan Lewis

Top 10 Areas of Focus in DOL Investigations of Retirement Plans

by Morgan Lewis on

The US Department of Labor (DOL) has been extremely active in recent years as the federal agency investigating and enforcing the fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended (ERISA)....more

Dickinson Wright

Debunking SPD Myths, Part 5: Yes, There Are Reporting Requirements for “Top Hat” Plans

by Dickinson Wright on

It is well known by employers that nonqualified deferred compensation (“NQDC”) plans that are established to provide unfunded deferred compensation benefits to a select group of management or highly compensated employees...more

Burr & Forman

DOL Provides Transitional Relief to Association Health Plans

by Burr & Forman on

On April 29, 2019, the United States Department of Labor (the “DOL”) released a policy statement providing transitional relief from the potential adverse consequences arising from a District Court’s vacating portions of the...more

Lane Powell PC

ERISA: Defeating Motions to Compel Discovery Related to Medical Review Experts

by Lane Powell PC on

Disability claimants often attack the ERISA plan’s expert medical reviewer as biased, sometimes seeking discovery in an attempt to show bias. Here’s a new case that highlights what can happen in a de novo review case: No...more

Lex Machina

[Webinar] ERISA Litigation Report 2019 - May 30th, 2019, 1:00pm ET

by Lex Machina on

Date: Thursday May 30, 2019Time: 10:00am PDT (1:00pm EDT) Join us for an exciting 30 minute webcast, where we unveil our latest research on ERISA litigation. Hear from Greg Brumfield, the author of this report, and Amanda...more

Foley & Lardner LLP

Beneficiary Provisions and Designations – Plan Now for More Simplicity Later

by Foley & Lardner LLP on

Outside of death, beneficiary provisions and designations under qualified plans (see ERISA Section 3(8)) tend to receive little attention. Unfortunately, death may spotlight or uncover less desirable provisions and...more

Proskauer - Employee Benefits & Executive...

Third Circuit Resuscitates Claims Against University 403(b) Plan Fiduciaries

Over the past several years, the ERISA plaintiffs’ bar has targeted university-sponsored 403(b) plans, arguing that the plan fiduciaries breached their fiduciary duties and engaged in prohibited transactions in connection...more

Ropes & Gray LLP

Podcast: ERISA Plan Sponsors, ESG and the April 2019 Executive Order on Promoting Energy Infrastructure

by Ropes & Gray LLP on

In this podcast, Isabel Dische and Josh Lichtenstein discuss President Trump’s April 10, 2019 Executive Order on Promoting Energy Infrastructure and Economic Growth and its possible implications for Department of Labor...more

Williams Mullen

PODCAST: ERISA Plan Status of Voluntary Benefits

by Williams Mullen on

In this episode of Williams Mullen's Benefits Companion, Brydon Dewitt and Claire Pollock discuss how to identify whether voluntary benefits are subject to ERISA and what to do if they are. ...more

Seyfarth Shaw LLP

Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? — The Solicitor General Will Now Advise Whether The Supreme Court...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims. ...more

Mintz - Employment, Labor & Benefits...

The Big Mistake Too Many Retirement Plan Fiduciary Committees are Making—And What to Do About It

Formally organized retirement plan committees have become the norm in recent years. Retirement plans, particularly 401(k) plans, have increasingly adopted consultant-advised governance structures that include fiduciary...more

Jackson Lewis P.C.

University Settles Claims Involving Use Of Retirement Plan Participant Data For Cross-Selling By Recordkeeper

by Jackson Lewis P.C. on

Wrongful use of retirement plan participant data was among the claims made by a class of 40,000 participants against the plan sponsor and others in Cassell et al. v. Vanderbilt University et al. Specifically, the plan...more

Davis Wright Tremaine LLP

Putting a Hold on AHPs

by Davis Wright Tremaine LLP on

Medical coverage for employees is often a stressful decision for small and family-owned businesses. Providing competitive benefits to employees can help attract and retain good employees....more

Saul Ewing Arnstein & Lehr LLP

The Friday Five: Five Current ERISA Litigation Highlights – May 2019

This month's Friday Five covers cases addressing what constitutes a self-inflicted injury under an AD&D policy, the intersection of choice of law provisions and preemption, a cautionary decision about subjective pain cases,...more

Thompson Coburn LLP

Seven things employers should know about EBSA investigations

by Thompson Coburn LLP on

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) oversees nearly 681,000 retirement plans, approximately 2.3 million health plans, and a similar number of other welfare benefit plans, such...more

Davis Wright Tremaine LLP

Are AHPs and ARPs for Small Employers Dead in the Water?

by Davis Wright Tremaine LLP on

A D.C. federal district court struck down DOL rules allowing expanded Association Health Plans (AHPs), effectively putting that new insurance market on hold. ...more

K&L Gates LLP

Fiduciary Rule Remnants: The Strange Case of Field Assistance Bulletin 2018-02

by K&L Gates LLP on

Can something be relied upon that doesn’t exist? Can a rule be like Schrödinger’s cat—both alive and dead? Or like a zombie—dead, but undead? Field Assistance Bulletin (FAB) 2018-02 says yes—at least for now. Originally...more

Lane Powell PC

ERISA (5th Circuit): When An Attorney’s Headaches Are Not Disabling

by Lane Powell PC on

Practicing law can create real headaches. But do headaches constitute a disabling condition justifying ERISA-governed long term disability benefits? ...more

Ary Rosenbaum

The Rosenbaum Law Firm Review - April 2019

by Ary Rosenbaum on

The Ingredients Of A Good Retirement Plan - It's in the sauce. Like cooking and baking, the key to a good retirement plan lies in the main ingredients. The main ingredients for a good retirement plan isn't a secret,...more

Jackson Lewis P.C.

Is Your Employer Worksite Medical Clinic A Group Health Plan?

by Jackson Lewis P.C. on

Worksite medical clinics, some offering round-the-clock access to medical providers via telemedicine, seem to be growing in popularity. Promoters tout cost savings resulting from what would otherwise be lost productivity...more

Kilpatrick Townsend & Stockton LLP

DOL Appeals Association Health Plan Ruling

On April 26, 2019, the Department of Labor filed a notice of appeal in the case that invalidated key provisions of its Association Health Plan (AHP) regulations. Released last summer, the AHP regulations loosened the...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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