Archive
Authors
Titles
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)