Affordable Care Act, Fiduciary Duty, Employee Retirement Income Security Act (ERISA)

Health Plan Hygiene Part 1: A Spoonful of Sugar Helps the Medicine Go Down

Jackson Lewis P.C. on 7/16/2024

During the next several weeks, we will publish a series of articles that dive deeply into “health plan hygiene” relating to health and welfare benefit plan fiduciary issues and how employers can protect themselves in this...more

Special Report - Funding Employer-Sponsored Group Health Coverage: The Group Captive Solution - November 2023

McDermott Will & Emery on 11/28/2023

Employer-sponsored health insurance covers almost 159 million non-elderly US workers and their dependents, and employees and jobseekers alike view group health coverage as the single most important non-cash job-related...more

The Time Has Come, A Fact’s A Fact: Consider Adding a Welfare Plan Committee

Holland & Hart - The Benefits Dial on 9/29/2023

The time may have come to add a welfare plan committee to your company’s governance of employee benefit plans. New legal obligations and other developments impose fiduciary risks for welfare plans similar to what already...more

It’s Time To Dust Off Your ERISA Fiduciary Liability Insurance Policy

Jackson Lewis P.C. on 9/7/2021

With the end-of-the-year hustle already around the corner, now is a great time to dust off your company’s ERISA fiduciary liability policy to ensure your plan fiduciaries have robust, comprehensive coverage. Fiduciary...more

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

Epstein Becker & Green on 7/14/2021

Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

The Supreme Court - July 2, 2021

Dorsey & Whitney LLP on 7/2/2021

Hughes v. Northwestern University, No. 19-1401: Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment...more

Will The ACA Case Now Before The Supreme Court Make It Harder For ERISA Fiduciary Breach Plaintiffs To Establish Standing?

Seyfarth Shaw LLP on 4/1/2020

On March 2, 2020, the United States Supreme Court granted certiorari in California v. Texas, No. 19-840, which appeals the decision of the Court of Appeals for the Fifth Circuit that struck down the individual mandate to the...more

ERISA Newsletter - Third Quarter 2019

Proskauer Rose LLP on 10/11/2019

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

ERISA Plan Controversy: Rising Stakes for Those Unprepared

McDermott Will & Emery on 3/22/2019

WHAT’S THE EXPOSURE? • Settlements up to $140 million • Last year alone, settlements of $17 million, $22 million, $24 million, and among others • Plaintiffs’ lawyers generally get 1/3 of the settlement amounts • Plaintiffs’...more

Reminder for SBCs – Yes, Please!

Snell & Wilmer on 12/6/2018

The Affordable Care Act’s requirement that group health plans provide summaries of benefits and coverage (“SBCs”) to applicants and enrollees at various times is not new. Nevertheless, because of the steep penalties for...more

ERISA Newsletter - First Quarter 2018

Proskauer Rose LLP on 4/11/2018

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

Issues Plan Sponsors and Fiduciaries Should Watch

Winstead PC on 3/13/2018

Once upon a time, our retirement plan worries were primarily generated by the U.S. Department of Labor (“DoL”) or the Internal Revenue Service and their regulatory and enforcement efforts. In more recent times we have seen...more

ERISA Newsletter - Fourth Quarter 2017

Proskauer Rose LLP on 1/9/2018

Editor's Overview - For over two decades, federal law has required covered health plans and insurers to ensure that certain mental health benefits are in parity with offered medical/surgical benefits. The meaning of...more

ERISA Newsletter - Third Quarter 2017

Proskauer Rose LLP on 10/4/2017

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

ERISA Newsletter - First Quarter 2017

Proskauer Rose LLP on 4/6/2017

After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more

Workplace Policy Institute Insider Report - December 2016

Littler on 12/5/2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

The ERISA Litigation Newsletter - November 2016

Proskauer Rose LLP on 12/1/2016

This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Employee Benefit Issues to Keep You Awake at Night

Jackson Lewis P.C. on 11/15/2016

Last week I made a presentation in the Omaha office of Jackson Lewis with the above title. I thought it might be helpful to outline the basic points of my presentation. The following items should keep you awake at night...more

A Trump Presidency: Potential Impact on Employee Benefits Law and Policy

Franczek P.C. on 11/10/2016

For many months, we have been speculating about how the results of the 2016 presidential election would impact employee benefits policy going forward. Now that Donald Trump has won the election and Republicans have secured a...more

Recaps from Proskauer’s 21st Annual Trick of Treat Tax Exempt Seminar

Proskauer - Not for Profit/Exempt... on 11/2/2016

Proskauer’s 21st Annual Trick or Treat Seminar was held on Thursday, October 27. The Seminar discussed: Best Practices for Document Retention: One Size Does Not Fit All...more

The ERISA Litigation Newsletter - August 2016

Proskauer Rose LLP on 9/1/2016

Editor's Overview - This month’s newsletter features an article on the DOL’s recently published interim final rule that increases penalties for notice and disclosure violations, which generally became effective on...more

The ERISA Litigation Newsletter - June 2016

Proskauer Rose LLP on 7/1/2016

Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

The ERISA Litigation Newsletter - March 2016

Proskauer Rose LLP on 3/29/2016

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

The Force Awakens on 2016

Bryan Cave Leighton Paisner on 1/5/2016

The ball dropped on 2016, but don’t drop the ball on your benefit plan compliance. As part of our annual tradition, we’re pleased to present this year’s Top Ten New Year’s Countdown for the reading pleasure of our fellow...more

Monday (afternoon) Briefing – Fiduciary Rule, Cadillac Tax & grab-bag guidance

Dorsey & Whitney LLP on 12/14/2015

We’re running a little behind today. Here are some post-climate talk, pre-budget bill things to think about in the benefits world....more

Patient Protection and Affordable Care Act (PPACA) › Fiduciary Duty › Employee Retirement Income Security Act (ERISA)

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