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Tenth Circuit Holds Oklahoma’s Regulation of Pharmacy Benefit Managers Preempted by ERISA The Eighth Circuit’s “Meaningful Benchmark” Requirement for 401(k) “Excessive Fee” Lawsuits Continues to Generate Dismissals The Fourth Circuit Affirms No Breach of ERISA’s Fiduciary Duties for “Cross-Selling” Efforts California Court Refuses to Decertify Class Action Based on Ninth Circuit’s Decision in Wit Splitting with Other Circuit Courts, the Ninth Circuit Revives an ERISA Prohibited Transaction Claim ERISA Excessive Fee Cases Continue to Survive Dismissal Motions at a High Rate Courts Address Participant Standing to Challenge Fees and Payments Received by Group Health Plan Service Providers Federal Judge Nixes Interlocutory Appeal to Clarify Pleading Standards for ERISA Excessive Fee Claims Kraft Heinz Sues Aetna, Raising Novel ERISA Breach of Fiduciary Duty Lawsuit Yet Another ERISA “Excessive Fee” Lawsuit Is Tossed in the Eighth Circuit Ninth Circuit Dismisses Claim on Behalf of Welfare Benefit Plan for Lack of Article III Standing Excessive Recordkeeping Fee Claim Squeaks by a Motion to Dismiss Thoughts About ESG Investing in Your 401(k) Plan: The Problem Is Choice (Pop Culture Nod to the Matrix) Managed Accounts in 401(k) Plans: Their Value and Their Dangers Employers and Providers Fight over COVID-19 Testing Costs Wit Is Flipped: The Ninth Circuit Reverses Major ERISA Decision Actuarial Equivalence Fight Goes to the First Circuit DOL Warns 401(k) Plan Fiduciaries about Cryptocurrency Investments Court Allows Antitrust Lawsuit by UnitedHealth to go Forward Sanctions Hit U.S. Pension Plans District Court Issues First Post-Northwestern University 401(k) “Fee” Decision Supreme Court Give Plaintiffs a Narrow Win in 401(k) Fee Case Ninth Circuit Opens Door to Claims by Out of Network Providers Defendants Score Two Victories in 401(k) Fee Cases Supreme Court Weighs Pleading Standards in Defined Contribution “Fee” Cases Eighth Circuit Defines How Summary Judgment Procedures Apply to ERISA Benefit Claim Reviews Cross-Plan Offset Claims Dismissed Against UnitedHealth for Lack of Constitutional Standing Court Rejects Propose Class in Lawsuit Alleging that CIGNA Overcharged for Prescription Drugs Court Certifies a Class of Group Heath Plans in Claims that Generic Drugs were Overpriced. Principal Life Wins Trial Decision on Variable Annuity Claims State Law Claims Based Upon Failure to Properly Value ESOP Stock Succeed Ninth Circuit Confirms Dismissal of “Company Stock” Claims Against Edison International Sixth Circuit Revives Lawsuit Against Detroit Edison Co. Second Circuit Rejects Arbitration of ERISA Claims First Circuit Finds that Fidelity Was Not a Fiduciary When Negotiating and Charging a Fee to Mutual Funds Raytheon Agrees to Settle ERISA Mortality Table Litigation for $59 Million Intel 401(k) Plan Fiduciaries Win Lawsuit Challenging Alternative Investments Eighth Circuit Tosses Fiduciary Breach Claims Against Health Plan Service Providers Courts Continue to Adopt the Eighth Circuit’s “Meaningful Benchmark” Requirement for 401(k) Lawsuits Based on Fund Performance or Fees A Recent Decision Highlights the Potentially Broad Application of the Failure-to-Exhaust Defense The Supreme Court Holds That ERISA Does Not Preempt State Law Regulating PBM-Pharmacy Arrangements DOL Issues Final Rule on Proxy Voting DOL Issues Final Rule Addressing Pension Plan Investments in ESG Investments Court Dismisses Proposed ERISA Health Plan Class Action for Lack of Standing Court Allows Case Involving Cybertheft of 401(k) Plan Account to Proceed in Part Court Denies Class Certification for ERISA Plan Participants Challenging EpiPen Prices IRS Provides COVID-19 Related Relief for Mid-Year Reductions on Safe Harbor Contributions to 401(k) Plans Employer Files 401(k) Fee Case against Its Own 401(k) Plan IRS Issues CARES ACT Guidance Related to 401(k) Plans DOL Offers Guidance to Retirement Plan Sponsors The “War” Between Out-of-Network Providers and Insurers Spreads into COVID-19 Territory Court Allows Claim for Multiemployer Pension Default Based Upon Failure to Provide Information Class Action Counsels’ Reach Expands to “Fee” Claims against Small and Mid-Size 401(k) Plans Some Thoughts about How to Manage Plan Investments During a Time of Market Volatility Will the Supreme Court Review Standards for Pleading 401(k) Fiduciary Breach Cases? The Seventh Circuit Opines on What a Plaintiff Must Plead for a 401(k) Imprudence Claim to Go Forward The Supreme Court Provides Guidance on ERISA’s “Actual Knowledge” Statute of Limitations Circuit Courts Define when a Stable Value Fund Issuer’s Control over Credited Interest Rate Makes It an ERISA Fiduciary The Supreme Court (Again) Addresses Fiduciary Standards for Company Stock Investments Eighth Circuit Holds That a Silent Arbitration Clause Precludes Class-Wide Arbitration Sick of ERISA? The Supreme Court Declines to Hear First Circuit 401(k) Investment Case Supreme Court Accepts Cert in PBM Preemption Case Fifth Circuit Strikes Down ACA’s Individual Mandate, for Now Fifth Circuit Clarifies When a Plan Participant Can Obtain Attorneys’ Fees under ERISA First Circuit Refuses to Excuse Tardy Claim for Benefits Appeal under the “Substantial Compliance” Doctrine Sample ADA Notice for Wellness Programs ADA & Obesity …More on the Final Fiduciary Rule Final Fiduciary Rule Employer Stock Roundtable State Retirement Plans (3 of 3) — Will the States get it right on retirement policy? The Supreme Court Once Again Visits The Employer Stock Dispute — Amgen, Inc. v. Harris The Supreme Court Narrowly Defines an ERISA Plan’s Right to Subrogation in Montanile v. Board of Trustees of Nat. Elevator Industry Health State Retirement Plans (2.5 of 3) Carrots instead of Sticks — marketplaces, prototypes and “closed MEPs” ACA Reporting Anecdotes Thoughts for U.S. Employers Sending Employees Overseas IRS Notice 2016-4 — ACA Reporting Extension for Forms 1094 & 1095 Happy New Year – ACA Reporting Extension! Monday Briefing – Consolidated Omnibus Appropriations Act, Fiduciary Rule, HIPAA Audits, Determination Letters Wednesday Benefits Developments – Cadillac Tax, Fiduciary Rule, ACA Reporting & More Monday (afternoon) Briefing – Fiduciary Rule, Cadillac Tax & grab-bag guidance Women in GC role and on Boards Women General Counsel – Project 5 / 165 Monday Briefing: Supreme Court talks ERISA (again) and Senate votes to repeal Cadillac Tax Spouses with Benefits: How Obergefell may refigure the employee benefits equation Lessons Learned: Benefit Plan Schedules State Retirement Plans (2 of 3) The Stick — DOL Guidance and State-Based IRA Programs State Retirement Plans (1 of 3) Overview — States getting into Retirement Policy with help from DOL Monday Briefing: Cadillac Tax Developments & More ERISA lawyers Monday Briefing: the retirement edition Monday Briefing: why retire, best practices for employer-sponsored health, document dump Monday Briefing Monday Briefing Monday Briefing Monday Briefing Monday Briefing Monday Briefing Monday Briefing Monday Briefing Tuesday Briefing Monday Briefing Monday Briefing Not exactly cover of the Rolling Stone Monday Briefing Monday Briefing ACA Reporting — what happens when we guess. (ScreenCast 04) Monday Morning Reading ACA Reporting Q&A – EINs (ScreenCast 03) Staffing Agency 401(k) Plans ACA Reporting Questions (ScreenCast 02) Monday Morning Reading ACA Reporting Deck Monday Morning Benefits Reading ACA Reporting Seminar (Video) Bob Seng discusses King v. Burwell in the StarTribune ACA Reporting: defining the Employer (ScreenCast 01)
