News & Analysis as of

Employee Retirement Income Security Act (ERISA) › Personally Identifiable Information

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

Seyfarth Shaw LLP

Wellness Apps and Privacy

Seyfarth Shaw LLP on

Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Poyner Spruill LLP

Plan Cybersecurity Guidance: DOL Enforcement Warrants Plan Sponsor Action

Poyner Spruill LLP on

Benefit plan sponsors and plan fiduciaries should take note and act quickly—the Department of Labor (DOL) has issued a new cybersecurity guidance package with far-reaching effects and has already begun including this in its...more

BCLP

ERISA Fiduciary Obligations Expanded to Include Mitigation of Cybersecurity Risks

BCLP on

The clouds have been forming on the horizon for years now: from the courts we have seen emerging lines of ERISA litigation asserting fiduciary obligations to protect the privacy rights of participants, and from the regulatory...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The threat of cyber theft from 401(k) accounts is real

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The Matt Hutcheson and Jeff Richies of the world that steals from 401(k) plans where they are the fiduciary will ultimately get caught because when you steal millions, the plan sponsor and other plan providers will notice....more

Epstein Becker & Green

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

Epstein Becker & Green on

Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

Jackson Lewis P.C.

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

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

Locke Lord LLP

CCPA Guide: Does Personal Information Include Employee and Employee Benefit Plan Data?

Locke Lord LLP on

Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) will impose new privacy obligations on certain businesses that collect personal information of California consumers. Employers with employees...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

McGuireWoods LLP

Cybersecurity & Retirement Plans

McGuireWoods LLP on

It seems that most employees and plan participants “think” their retirement money and data are not at risk. This is due, in part, because:- there are few published incidents of breaches or potential hacks...more

Dickinson Wright

Healthcare Legal News: Volume 7, Number 2

Dickinson Wright on

Where is your PHI Data Traveling Today? With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and...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

Winstead PC

Cybersecurity Risks and Liabilities for Employers, Retirement Plan Sponsors and Fiduciaries

Winstead PC on

Many employers historically were only concerned with privacy and security for health plans under the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (‘‘HIPAA’’) and State laws;...more

Jackson Lewis P.C.

Employee Benefit Plans and Data Security Issues

Jackson Lewis P.C. on

In recent weeks, much of the discussion around a recent Supreme Court case, Gobeille, has focused on ERISA preemption. But for fiduciaries of benefit plans the case can serve as a reminder of important duties that often go...more

Alston & Bird

HIPAA Double Take: What Health Plan Sponsors Need to Know Now

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With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more

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