In this edition of our Newsletter, we take a look at a pair of cases that, while unrelated, together remind us of the importance of having clear plan rules in place that reflect the plan sponsor’s intention. The first article...more
10/11/2019
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Foreign Nationals ,
Hardship Distributions ,
Health Insurance ,
IRS ,
Mental Health Parity Rule ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Pensions ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Statute of Limitations ,
Withdrawal Liability
Editor's Overview -
We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex, class actions where it may not be...more
4/3/2019
/ Administrative Remedies ,
Article III ,
Breach of Duty ,
Defined Contribution Plans ,
Discovery ,
Electronically Stored Information ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Harm ,
Injury-in-Fact ,
IRS ,
Notice Requirements ,
Standard of Review ,
Standing
As we closed the door on 2018, we were met by two surprising decisions—one from a panel of the Second Circuit addressing employer stock drop litigation, and one from a federal district court in Texas declaring the entire...more
1/11/2019
/ 403(b) Plans ,
Affordable Care Act ,
Amgen v Harris ,
Breach of Duty ,
Constitutional Challenges ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
FIfth Third Bancorp v Dudenhoeffer ,
Hardship Distributions ,
Health Insurance ,
IRS ,
Plan Administrators ,
Proposed Regulation ,
Section 409A ,
Securities and Exchange Commission (SEC) ,
Stock Drop Litigation ,
Tax Cuts and Jobs Act
As we head into the thick of summer, all eyes are on President Trump's nomination to the U.S. Supreme Court to replace retiring Justice Anthony Kennedy and the impact the new Justice will have on shaping the law for...more
7/11/2018
/ 21st Century Cures Act ,
401k ,
403(b) Plans ,
Beneficiaries ,
Bi-Partison Balanced Budget Act (BBA) ,
Breach of Duty ,
Clawbacks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
HDHP ,
Health Care Providers ,
Health Savings Accounts ,
Investment Adviser ,
Investment Management ,
IRS ,
MHPAEA ,
Murder ,
Plan Administrators ,
Preemption ,
Prescription Drugs ,
Retirement Plan ,
Slayer Statutes
Despite the change in seasons, there appears to be no change in the pace of complex and class action ERISA litigation. Investments in defined contribution plans—both 401(k) and 403(b) plans—continue to be the leading target...more
4/11/2018
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Bi-Partison Balanced Budget Act (BBA) ,
Books & Records ,
Breach of Duty ,
Cadillac Tax ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Executive Compensation ,
Fiduciary Duty ,
Fiduciary Rule ,
Hardship Distributions ,
Investment Adviser ,
IRS ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Mutual Funds ,
National Association for Fixed Annuities (NAFA) ,
Retirement Plan ,
Self-Dealing ,
Standing
Editor's Overview -
Welcome once again to Proskauer's newly revamped ERISA Newsletter. As a reminder, readers can obtain the information in this Newsletter as it is published on our blog.
Our featured article this...more
7/7/2017
/ 401k ,
American Health Care Act (AHCA) ,
Church Plans ,
Class Action ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Rule ,
Hardship Distributions ,
Healthcare Reform ,
Hospitals ,
Investment Adviser ,
IRS ,
LMRA ,
Mental Health Parity Rule ,
MHPAEA ,
Pension Funds ,
Preemption ,
Qualified Retirement Plans ,
Request For Information ,
Split of Authority ,
Stock Drop Litigation ,
Summary Plan Description ,
Taft-Hartley Plan Trustees ,
Trustees
Editor’s Overview -
In this issue of Proskauer's ERISA Litigation Newsletter, we review a recent ruling by the Tenth Circuit Court of Appeals concerning the application of controlled group principles to the building...more
6/1/2016
/ Affordable Care Act ,
Arbitrators ,
COBRA ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Controlled Groups ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Income Taxes ,
IRS ,
Multiemployer Plan ,
Notice Requirements ,
Pensions ,
Popular ,
Summary of Benefits and Coverage ,
U.S. Treasury ,
Wage and Hour ,
Withdrawal Liability
Editor’s Overview -
This month we review the U.S. Supreme Court’s decision in Montanile v. Board of Trustees of National Elevator Industries Health Benefit Plan where the Supreme Court considered the scope of...more
3/29/2016
/ 401k ,
Affordable Care Act ,
Anti-Assignment Clauses ,
Applicable Large Employers (ALE) ,
Benefit Plan Sponsors ,
Breach of Duty ,
Collective Bargaining Agreements (CBA) ,
Determination on Remand ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Lien ,
Equitable Relief ,
Fiduciary Duty ,
Health Plan Sponsors ,
IRS ,
McCutchen v. U.S. Airways ,
Medical Expenses ,
Medical Liens ,
Montanile v Board of Trustees ,
Penalties ,
Reimbursements ,
Reporting Requirements ,
RJ Reynolds ,
RJR Nabisco ,
SCOTUS ,
Settlement ,
Subrogation ,
Vesting
Editor's Overview -
Happy New Year! Because 401(k) plans play an increasingly prominent role as an employee's principal retirement investment vehicle, fiduciaries overseeing those plans face increased pressure to see...more
1/22/2016
/ 401k ,
Attorney's Fees ,
Collective Bargaining Agreements (CBA) ,
Data Security ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Free Identity Theft Protection ,
IRS ,
Mootness ,
Plan Administrators ,
SCOTUS ,
Spouses ,
Third-Party Service Provider ,
Tibble v Edison Int ,
US v Windsor
Editor's Overview -
In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act. We also discuss IRS Notice 2015-86, which provides guidance on the application of...more
1/4/2016
/ Affordable Care Act ,
Attorney's Fees ,
Automatic Enrollment ,
Burwell v Hobby Lobby ,
Cadillac Tax ,
Contraceptive Coverage Mandate ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Good Faith ,
Health and Welfare Plans ,
HRA ,
IRS ,
Mental Health Parity Rule ,
Obergefell v. Hodges ,
PBGC ,
Preventive Health Care ,
Qualified Retirement Plans ,
SCOTUS ,
US v Windsor ,
Wellness Programs
Editor's Overview -
It has been a little more than one year since the U.S. Supreme Court altered the legal landscape for litigating ERISA breach of fiduciary duty claims relating to the investment in employer stock...more
9/29/2015
/ Administrative Appeals ,
Affordable Care Act ,
Breach of Duty ,
Burwell v Hobby Lobby ,
Cadillac Tax ,
Claim Denial Letters ,
Comment Period ,
Contraceptive Coverage Mandate ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Excise Tax ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
Flexible Spending Accounts ,
Health Insurance ,
Health Savings Accounts ,
Healthcare Costs ,
Income Taxes ,
IRS ,
Multiemployer Plan ,
New Guidance ,
Plan Administrators ,
Pro Rata Allocation Rule ,
Public Information ,
Religious Accommodation ,
Safe Harbors ,
SCOTUS ,
SHOP Program ,
Stock Drop Litigation ,
Subrogation ,
U.S. Treasury ,
Valuation
Editor's Overview -
As the summer draws to a close, this month's Newsletter previews three cases that the U.S. Supreme Court already has agreed to hear that ought to be of particular interest to ERISA plan sponsors and...more
8/28/2015
/ 401k ,
Actual Injuries ,
Affordable Care Act ,
Article III ,
Benefit Plan Sponsors ,
COBRA ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Delta Airlines ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty to Disclose ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fair Credit Reporting Act (FCRA) ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
HDHP ,
Health Insurance ,
Health Plan Sponsors ,
HSA ,
IRS ,
Medicaid ,
Medicare ,
Montanile v Board of Trustees ,
Non-Grandfathered Health Plans ,
PBGC ,
Penalties ,
Preemption ,
Reimbursements ,
Reporting Requirements ,
SCOTUS ,
Section 510 ,
Spokeo v Robins ,
Standing ,
Stock Drop Litigation ,
Subrogation ,
Summary of Benefits and Coverage ,
Tax Credits ,
Trade Adjustment Assistance ,
Trade Preferences Extension Act (TPEA) ,
U.S. Treasury