News & Analysis as of September 17, 2024

Fiduciary Duty

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The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +

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

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 Alert: An Update on Health and Welfare and Retirement Plans

Jackson Walker on 4/4/2019

Health and Welfare Plan Update - It is 9:00 p.m., do you know where your health plan data is? As IT systems continue to expand, and data is accessed, moved and stored in many new and different ways, the Office for Civil...more

December 2018 Client Advisory

Verrill on 12/18/2018

This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for employers and plan...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 - 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

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

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 - 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

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

Perspectives - September/October 2015

Benesch on 10/5/2015

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

The ERISA Litigation Newsletter - September 2015

Proskauer Rose LLP on 9/29/2015

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

The ERISA Litigation Newsletter - August 2015

Proskauer Rose LLP on 8/28/2015

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

How a Plan Sponsor Can Avoid Being a Deer Caught in the Headlights

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 4/23/2014

The term “deer in the headlights” explains the mental state of a person who shows behavioral signs that remind us of a deer subjected to a car’s headlights where the deer is in such panic that they show no motor reaction to...more

Monthly Benefits Update - March 2013

Franczek P.C. on 4/1/2013

Health Care Reform: Agencies Issue Proposed Regulations on 90-Day Waiting Period Limitation - On March 21, the IRS, DOL, and Department of Health and Human Services issued proposed regulations on the 90-day waiting...more

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