Your search returned 478 results.

Insight
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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

ASAP
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April 5, 2021

Disability Benefits Policy Language Warrants Arbitrary and Capricious Standard of Review Despite Enactment of Anti-Discretionary Statute

A federal court in New Jersey recently applied the arbitrary and capricious standard of review for a denial of benefits claim despite the enactment of an anti-discretionary statute in Minnesota, which governed the benefit plan policy.

ASAP
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March 12, 2021

Department of Labor Announces Non-Enforcement Policy and Intent to Revisit ESG, Proxy Rules

On March 10, 2021, the DOL announced that it will not enforce or otherwise pursue enforcement actions with respect to two recently issued final rules amending the “investment duties” regulation under Title I of ERISA.

ASAP
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March 11, 2021

The Butch Lewis Emergency Pension Plan Relief Act of 2021 Becomes Law

On March 11, 2021, President Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021, which includes the Butch Lewis Emergency Pension Plan Relief Act of 2021.

ASAP
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January 26, 2021

The Emergency Pension Plan Relief Act Proposes Aid to Struggling Multiemployer Pension Plans

House Education and Labor Chairman Bobby Scott (D-VA) recently introduced legislation that seeks to provide aid to multiemployer pension plans (MEPs) facing insolvency.

ASAP
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January 22, 2021

PBGC Finalizes its Rule Simplifying the Calculation of Withdrawal Liability for Multiemployer Pension Plans

On January 8, 2021, the Pension Benefit Guaranty Corporation (PBGC) issued its final rule modifying the calculation of withdrawal liability by multiemployer pension plans.

ASAP
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April 29, 2020

Eleventh Circuit Renders Landmark Decision on ERISA Sanctions

The 11th Circuit recently issued a decision clarifying the scope of document requests that trigger ERISA’s § 1132(c) penalty provisions and the manner in which such requests must be made.

Insight
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January 30, 2020

Second Circuit Rules ERISA Plan Can Be Reformed Absent Any Mistakes, Fraud or Other Inequitable Conduct

The Second Circuit recently considered for the first time whether the equitable remedy of reformation was available under ERISA absent an allegation of fraud, mistake, or inequitable conduct.

ASAP
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December 6, 2019

“Medical Necessity” Isn’t Well-Defined Unless It Is Well-Defined

A U.S. District Court in Connecticut recently issued an order that highlights the importance of understanding exactly what the term “medically necessary” means in an ERISA health plan.

ASAP
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September 5, 2019

Seventh Circuit Holds that a Deceleration of Withdrawal Liability is Unavailable Under ERISA’s Common Law

The 7th Circuit recently held that the trustees of a multiemployer pension plan could not agree to an employer’s installment payment plan of its withdrawal liability after the trustees had demanded full payment following the employer’s default.

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