News & Analysis as of

Risk Management Employee Retirement Income Security Act (ERISA) Employee Benefits

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Holland & Hart - The Benefits Dial

Stronger . . . Services Agreements for Benefit Plans

With the exception of certain small businesses, being an employer generally means offering an array of benefits to remain competitive in the worker marketplace. As the employer grows, typically so does the list of employee...more

Davis Wright Tremaine LLP

Department of Labor Announces Cybersecurity Guidance for ERISA Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) recently announced its first cybersecurity guidance for retirement plans subject to the Employee Retirement Income Security Act of...more

Seyfarth Shaw LLP

Positive Employer Risk Management: Ninth Circuit Approves ERISA Plan Forum Selection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision with major significance for ERISA plans, the Court of Appeals for the Ninth Circuit has upheld the validity of forum selection clauses in those plans....more

Dorsey & Whitney LLP

Is Data the Next Frontier in ERISA Litigation?

Dorsey & Whitney LLP on

Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more

Seyfarth Shaw LLP

Whose Law? Where? When? — Risk Management for ERISA Plans in Uncertain Times

Seyfarth Shaw LLP on

Seyfarth Synopsis: The central tenets of ERISA are to provide as much freedom as possible, within minimal parameters, to draft ERISA plans, and then to honor the terms of the plans. COVID-19 may very well cause increased...more

Pullman & Comley, LLC

Law Firm Risk Managers Alert: The Client Engagement Letter and the Dangers Of the “Accidental” Client

Pullman & Comley, LLC on

A recent legal malpractice decision from the United States Court of Appeals for the Sixth Circuit provides a stark cautionary tale about the dangers for a law firm when the firm either neglects to send an engagement letter at...more

FordHarrison

Home Care Agencies Sued for Illegal Use of Captive Insurance Company

FordHarrison on

Class action attorneys recently filed a first-of-its-kind class action against Edison Home Health Care (“Edison”) and Preferred Home Care of New York (“Preferred”) alleging that the home care agencies used a “captive”...more

Seyfarth Shaw LLP

Suffering From Withdrawal Following An Acquisition: Private Equity Company Liable For Successor Withdrawal Liability

Seyfarth Shaw LLP on

Given the Ninth Circuit’s recent holding that successor withdrawal liability is governed by a constructive notice standard, private equity companies and other businesses seeking to acquire other enterprises should be...more

McGuireWoods LLP

ERISA Advisory Council Issues 2016 Report on Benefit Plan Cybersecurity

McGuireWoods LLP on

“Cyber threats cannot be eliminated but they can be managed. Cyber experts say that it is not a question of if you will have a cyber-attack, rather it is a question of when. The next question is what you are going to do about...more

McGuireWoods LLP

Retirement Plans Incur Data Breaches; ERISA Council Addresses Cyber Risks

McGuireWoods LLP on

Until relatively recently, retirement plans have not made the news as targets of data breaches. This is somewhat surprising, given the wealth of participants’ personal data stored online by these plans. This past summer,...more

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