News & Analysis as of

Employee Retirement Income Security Act (ERISA)

Mayer Brown

The Current State of the Law in ERISA Forfeitures Cases

Mayer Brown on

Since September 2023, ERISA plaintiff’s firms have filed approximately 60 class action lawsuits challenging the longstanding practice of plan sponsors using plan forfeitures to offset their employer contributions in 401(k)...more

Morris, Manning & Martin, LLP

A Friendly DOL Amicus Brief on Forfeitures

On July 9th, the Secretary of Labor filed an amicus brief with the Ninth Circuit relating to the appeal of Hutchins v. HP, Inc. In that case, a participant claimed that forfeitures should have been used to offset plan...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2025

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This month’s Friday Five explores recent ERISA disability benefit decisions involving key issues such as when attorney’s fees should be decided and factors used in determining venue transfer. It also explores retroactive...more

Verrill

Do We Have to Make It a Top Hat Plan?

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Employers and their compensation advisors often assume that an arrangement to pay employees in the future for work done over time will be subject to the rules for ERISA pension plans unless it is limited to a “select group of...more

Mayer Brown

Crafting Credit Facilities For Defined Contribution Plans

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INTRODUCTION - Over the past 50 years, the retirement landscape has steadily shifted from defined benefit (DB) pension plans to defined contribution (DC) plans. In fact, as of the fourth quarter of 2024, private sector DC...more

Carlton Fields

Unsafe Harbor? Deregulation and the Limit of the Secure Act Safe Harbor for Selection of Lifetime Income Provider

Carlton Fields on

On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get the lowest share price possible

Here’s that in Ary Rosenbaum’s voice — clear, direct, with a personal anecdote to drive the point home: I’ve talked a lot about institutional share classes, revenue sharing, and the alphabet soup of fund share classes....more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Mayer Brown

US Supreme Court Grants Review in One ERISA Case, and Has Now Called for Views of the Solicitor General in Two Other ERISA Cases

Mayer Brown on

Fresh off its April 17, 2025 decision in Cunningham v. Cornell University, the US Supreme Court is setting the stage to delve back into ERISA issues next Term. On Monday, the Court granted certiorari to resolve a circuit...more

Mayer Brown

Broader Investment Options on the Horizon for Section 403(b) Retirement Plans

Mayer Brown on

AT A GLANCE - There is currently a disparity in the permitted investment options available under different retirement plans, putting participants of Section 403(b) plans at a disadvantage when compared with participants of...more

Mayer Brown

Hot Topics in US Health & Welfare

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AT A GLANCE - There have been a number of important developments in the United States relating to health and welfare over recent months....more

Verrill

Preparing for “Untoward Practical Results”—Implications and Action Items for ERISA Attorneys Following Cunningham v. Cornell...

Verrill on

The U.S. Supreme Court’s recent decision Cunningham v. Cornell University, 145 S.Ct. 1020 (2025) significantly lowers the pleading standard for prohibited transaction claims under Section 406(a) of the Employee Retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The 3 Cs: Why 401(k) Plan Sponsors Can’t Afford to Be Cheap, Controlling, and Clueless

After close to 30 years in this business—wearing the hats of TPA employee, ERISA attorney, plan document drafter, and occasional therapist to frantic plan sponsors—I’ve seen it all. The horror stories, the lawsuits, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Are We Robbing Peter to Pay Paul?

The 401(k) match has long been one of the most powerful tools for building retirement savings. It’s the “free money” we’ve all been trained to chase—and advise our clients to chase. So when Fidelity, Schwab, and others start...more

Venable LLP

July Filing Deadlines for Employee Benefit Plans

Venable LLP on

By July 31, employers that sponsor self-funded medical plans must report and pay their PCORI fee. By July 31, employers that sponsor calendar-year employee benefit plans that are subject to ERISA must file a Form 5500 (unless...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Timely use forfeitures

ERISA is filled with traps for the unwary. Some are complex, hiding in layers of regulatory nuance. Others are deceptively simple—like plan forfeitures. Yes, I’m talking about those dollars left behind when participants fail...more

Latham & Watkins LLP

US Government Reopens Discussion of Private Pension Investments Expectations

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The Department of Labor has taken two recent actions that indicate where the approach to retirement investment policy may go under the new administration....more

Dorsey & Whitney LLP

The Supreme Court Update - June 30, 2025

Dorsey & Whitney LLP on

On June 30, 2025, the Supreme Court of the United States Granted Certiorari to Seven Cases:  M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, No. 23-1209: This case interprets a provision of the...more

Jackson Lewis P.C.

Florida District Court Declines to Expand ERISA Disclosure Requirements

Jackson Lewis P.C. on

A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with prejudice. Roche v. Teco Energy, Inc., No. 8:23-cv-01571, 2025 U.S. Dist....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Husch Blackwell LLP

ESOPs for Cannabis Companies

Husch Blackwell LLP on

Employee stock ownership plans (ESOPs) have been used as a business succession strategy by employers across many industries. In the cannabis industry, ESOPs have come and gone and come again as a trendy topic promising to fix...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL Walks Back Crypto Chill: A Return to Fiduciary Neutrality

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Compliance Assistance Release No. 2025-01. For those of us keeping track at home, this new guidance effectively rescinds the now infamous...more

Morgan Lewis - ML Benefits

US Administration Announces Intent to Replace Biden-Era ESG Rule

The US Department of Labor’s (DOL’s) position on the appropriateness of environmental, social, and governance (ESG) investing strategies in ERISA-regulated retirement plans has ping-ponged for decades (as we’ve covered...more

King & Spalding

Fifth Circuit Finds No Private Right of Action for Providers to Enforce Surprise Billing Awards

King & Spalding on

On Thursday, June 12, 2025, a panel of the United States Court of Appeals for the Fifth Circuit issued two rulings construing parts of the No Surprises Act (NSA) to limit judicial review of arbitration awards issued under the...more

Goodwin

DOL Abandons ESG Rule in Investment Duties Regulation; Rescinds Cryptocurrency Guidance

Goodwin on

On May 28, 2025, the U.S. Department of Labor (DOL) took two major steps that signal a shift in its approach to fiduciary oversight under the Employee Retirement Income Security Act of 1974, as amended (ERISA)....more

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