As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more
The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so,...more
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more
On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and...more
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively,...more
The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a...more
On February 9, 2023, the U.S. Court of Appeals for the Tenth Circuit refused to enforce an arbitration clause contained in an employee stock ownership plan (“ESOP”) document. In a 41-page opinion, the Court held that the ESOP...more
As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/5/2022
/ 401k ,
American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
CARES Act ,
Compliance ,
Cryptocurrency ,
Cybersecurity ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
Investment ,
IRS ,
QACA ,
Required Amendments (RAs) ,
Retirement Plan ,
SECURE Act
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent. 15 U.S.C. § 1052(c). The United States Patent and Trademark Office (“USPTO”)...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
10/19/2022
/ Abortion ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Food and Drug Administration (FDA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRSA ,
IRS ,
MHPAEA ,
No Surprises Act (NSA) ,
Policies and Procedures ,
Popular ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Self-Funded Health Plans
On August 29, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a 401(k) plan participant’s claims that plan fiduciaries mismanaged the $1.1 billion 401(k) plan and charged participants...more
On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible...more
In what may be one of the shortest decisions this term, the Supreme Court handed down a unanimous six-page opinion on January 24, 2022 in Hughes v. Northwestern University. Vacating the Seventh Circuit’s decision, the Court...more
On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP. The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright...more