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This issue of the Friday Five discusses the Fifth Circuit’s strict approach to review deadlines, a court chiding an administrator for relying on evidence not in the record, a court...
The 4th U.S. Circuit Court of Appeals ruled Merrill Lynch’s WealthChoice Awards do not qualify as an employee pension benefit plan under ERISA. The post 4th Circuit: Employer’s com...
Like programs in many other states, the Illinois Secure Choice Program mandates all employers to register with the Illinois Secure Choice Program that provides a retirement savings...
This month’s Friday Five explores decisions (1) upholding a choice of law provision in a long-term disability policy, (2) granting an administrator’s request for reimbursement afte...
On April 7, 2026, the Court of Appeals for the Sixth Circuit affirmed that portions of Tennessee’s pharmacy benefit manager (“PBM”) laws are preempted by the Employee Retirement In...
On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currentl...
We previously reported on four ERISA lawsuits that were filed by a large plaintiff’s firm against employer-sponsors of voluntary benefits programs in December 2025. Since that repo...
"Of all the areas where the plaintiff's bar is filing class actions, they're having the most success in the ERISA space," said Gerald L. Maatman Jr. of Duane Morris in Chicago, cha...
A recent federal appellate decision put certification of ERISA claims under the microscope. In Trauernicht v. Genworth Financial Inc., the Fourth Circuit Court of Appeals decertifi...
Employer-sponsored group health plans operate at the intersection of multiple federal regulatory frameworks — ERISA, the ACA, COBRA, HIPAA, the Mental Health Parity and Addiction E...
What Happened: In McKee Foods Corp. v. BFP Inc., decided April 7, 2026, the Sixth Circuit affirmed that ERISA preempts two Tennessee laws intended to prevent pharmacy benefit manag...
On April 1, 2026, the U.S. Department of Labor (DOL) published a technical release indicating that proxy advisory firms may meet the definition of an investment fiduciary and fall...
On March 31, 2026, the Department of Labor (DOL) published a proposed regulation (the Proposed Regulation) creating a new safe harbor for Employee Retirement Income Security Act of...
On April 14, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-01 (FAB) which sets out four enforcemen...
The Department of Labor (“DOL”) has released a proposed regulation titled, Fiduciary Duties in Selecting Designated Investment Alternatives (“Proposed Rule”), intended to clarify h...
The 4th Circuit reversed class certification in Trauernicht v. Genworth Financial, ruling ERISA claims under § 502(a)(2) are individualized monetary claims in defined contribution...
On May 12, 2026, the U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin (FAB) No. 2026-02 addressing its temporary e...
Equitable introduces a new ERISA 403(b) pooled employer plan designed to help nonprofits deliver retirement benefits more efficiently, reduce administrative complexity, and strengt...
One of the biggest misconceptions plan sponsors have is that their 401(k) plan runs itself. Many employers believe that once they hire a recordkeeper and a TPA, the heavy lifting i...
The U.S. Department of Labor (“DOL”) recently published a Notice of Proposed Rulemaking (“NPRM”) titled “Fiduciary Duties in Selecting Designated Investment Alternatives.” The NPRM...
A new rule proposed by the Department of Labor would clarify fiduciary standards for selecting investments in participant-directed retirement plans. Our Employee Benefits & Exe...
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced a HIPAA enforcement action against an employer-sponsored group health plan....
The U.S. Department of Labor (“DOL”) recently published a Notice of Proposed Rulemaking (“NPRM”) titled “Fiduciary Duties in Selecting Designated Investment Alternatives.” The NPRM...
The Department of Labor has proposed new regulations updating ERISA electronic disclosure rules to implement the SECURE 2.0 requirement that participants receive periodic paper ben...
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