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Dobbs v. Jackson Women's Health: Implications for Employers and Employer Plan Sponsors

"The Texas and Oklahoma laws are the only ones that explicitly classify employer coverage or reimbursement of abortion services banned in those states through insurance or benefit plans as aiding and abetting unlawful abortion.... There is some risk, however, that state criminal conspiracy and/or aiding and abetting laws may be cited against companies that cover abortion or abortion services, including receipt of abortion medication, within a particular state." [Dobbs v. Jackson Women's Health Org., No. 19-1392 (S. Ct. Jun. 24, 2022)]

Jackson Health System Slammed With $2.15 Million Penalty for Privacy Breaches

"The [HHS] Office for Civil Rights (OCR) has collected over $2.15 million in civil penalties from Miami-based Jackson Health System (JHS) for multiple violations of the Security and Breach Notification Rules under HIPAA.... This is the first publicized imposition of civil monetary penalties under HIPAA in recent years, in contrast to the many publicized settlements of alleged violations, indicating that JHS' violations were severe."

ISS and Glass Lewis Policy Updates for 2026 Focus on Shareholder Rights, Compensation Matters and ESG (PDF)

"ISS and Glass Lewis policy changes applicable to the U.S.... [1] Pay-for-Performance -- ISS & Glass Lewis; [2] Responsiveness to Low Say-on-Pay Votes -- ISS; [3] High Non-Employee Director Pay -- ISS; [4] Equity Plan Proposals -- ISS; [5] Pay-for-Performance -- ISS & Glass Lewis (New)."

Butch Lewis Brings No Good News for Contributing Employers

"Payments will be made to more than ninety funds. There is no cap on this payment, no requirements for repayment, and funding predictions will be performed on a 'deterministic basis.' ... The Butch Lewis portion is otherwise a clean canvas to be augmented by PBGC regulations.... Organized labor contends 'all benefits due during the period' is defined as future benefit payment cash flows, not merely accrued benefits or unfunded liability. This concept will cost significantly more than 86 billion dollars."

Dobbs v. Jackson Women’s Health: Proactive Considerations for Employers

"[E]mployers that wish to add or expand existing abortion-related benefits -- including paying travel expenses for employees seeking abortions -- should be aware of any risks posed by the various state law restrictions on abortion in the states where their employees reside."

The Aftermath of Dobbs v. Jackson Women's Health Organization for Health Plan Sponsors

"[S]ome employers have chosen to create travel benefits under an Employee Assistance Program (EAP), which allows employers to provide the benefits tax-favored but can avoid some of the federal law compliance requirements. However, COBRA still applies to EAPs and would apply to every employee who terminates employment.... Only certain travel and lodging expenses are considered 'medical care' by the IRS."

Health Plan Considerations in the Wake of Dobbs v. Jackson Women's Health Organization

"[P]lan sponsors should review their plan documents to assess current coverage and discuss potential coverage options with ERISA counsel and with vendors (including insurers, stop-loss carriers and administrators, as applicable) ... [P]lan sponsors and administrators should ... familiarize themselves with the applicability of relevant state laws, the availability of ERISA preemption, and the unique risks and opportunities that their plans may face."

A Summary of Compensation-Related Updates to the Proxy Voting Guidelines of ISS and Glass Lewis (PDF)

9 pages. "As was the case in 2015, neither ISS nor Glass Lewis has adopted major changes to their voting guidelines. Although companies should be aware of and consider the policy recommendations of each advisor, these recommendations should not overrule the judgment of the companies' directors on compensation policy."

Jackson National Sued Over In-House Funds in 401(k)

"The proposed class action claims that Jackson's retirement plan invested 89 percent of its assets -- about $542 million -- in investment funds that earned high fees for the company and its affiliates. Eighteen of the plan's 21 investment options were affiliated with Jackson, the lawsuit claims, and most of those options were 'virtually identical' to funds that other institutions offered at 'a fraction of the cost.' " [Pease v. Jackson Nat'l Life Ins. Co., No. 17-284 (W.D. Mich., complaint filed Mar. 29, 2017]

Group Health Plans in the Wake of Dobbs v. Jackson Women's Health

"In light of Dobbs, there is no guarantee that the description of the current state of ERISA preemption jurisprudence will provide a safe haven for employers that seek to facilitate reproductive choice in their group health plans. The Supreme Court could, for example, narrow the set of criminal laws that would be ERISA-preempted under the exemption for laws of general applicability." [Dobbs v. Jackson Women's Health Org., No. 19-1392 (S. Ct. Jun. 24, 2022)]

Jackson National Life Insurance to Pay $4.5 Million Settlement in Proprietary Investment Products Case

"Plan participants alleged that the 401(k) plan was filled with 'high-cost proprietary investment products' managed by Jackson National and its affiliates ... Plan managers failed to consider similar low-cost investment options offered by other investment managers, the lawsuit said. Subject to court approval, the four law firms representing the plaintiffs will be paid a total of up to $1.5 million, which is part of the settlement amount."

Jackson Eyes Fee-Only Variable Annuity

"Jackson National Life Insurance, the top seller of variable annuities, is readying a fee-only VA to be distributed through broker-dealers affiliated with a registered investment advisor ... Perspective Advisor is a deferred variable annuity with a relatively short surrender charge period and Jackson National will pay no commission to financial institutions selling the contract ... Perspective Advisory is targeted at the lifetime income market and offers guaranteed income through income riders[.]"

ISS and Glass Lewis Release Compensation-Related Updates for 2026 Proxy Season

"ISS's pay-for-performance quantitative analysis to assess pay for performance alignment will be extended to a five-year look back period from a three-year period for certain components of the analysis.... ISS announced that it would be taking a more favorable view of time-based equity awards with extended time horizons with respect to its pay-for-performance analysis.... Glass Lewis updated its pay-for-performance methodology, transitioning from a single letter grade of 'A' through 'F', to a scorecard-based approach that consists of up to six tests. "

CRS in Focus: Regulating Reproductive Health Services After Dobbs v. Jackson Women's Health Organization

"This In Focus reviews the Court's Dobbs decision, discusses Congress's authority to regulate reproductive health services, and examines the regulation of medication abortion, which represents a sizable portion of all abortions in the United States." [IF12269 Dec. 8, 2022]

Dobbs v. Jackson: Implications for Pharmacy Benefits

"[S]ome patients are encountering issues with access to the common drug, methotrexate due to its possible use as an abortifacient. Methotrexate is commonly used to treat patients with rheumatoid arthritis ... Prescriptions for misoprostol, which can be used for gastric ulcers, as well as mifepristone, which has benefits in Cushing's syndrome, are also being spotlighted[.]"

Glass Lewis Describes Approach to Executive Compensation During COVID-19

"On January 26, 2021, Glass Lewis issued guidance addressing how it plans to apply its approach to evaluating executive compensation proposals during the COVID-19 pandemic. Glass Lewis emphasizes that the guidance is illustrative and does not change its existing approach. Glass Lewis will continue to support proposals that effectively align executive pay and performance, while also considering: Overall pay quantum. The quality of a company's disclosure. The company's responsiveness to shareholder concerns."

ISS and Glass Lewis Announce Compensation-Related Updates for 2025 Proxy Season

"Beginning with the 2025 proxy season, ISS will place greater scrutiny on the disclosure and design aspects of performance-vesting equity.... ISS also provided a non-exhaustive list of typical considerations it will take into account when reviewing the disclosure and design aspects of performance-vesting equity ... [Glass Lewis] updated its discussion on the treatment of unvested equity awards following a change in control transaction [.]"

Fact Sheet: Over One Million Pensions Now Protected Thanks to the Butch Lewis Act

"One million workers and retirees' earned pension benefits protected as Administration and Senator Casey announce assistance for over 100,000 union workers and retirees covered by the Bakery and Confectionery Union and Industry International Pension Fund ... This is the second largest award to date through the American Rescue Plan's Butch Lewis Act. This announcement brings the total number of pensions protected by the American Rescue Plan to over 1 million[.]"

How Morgan Lewis Proved That Capozzi's Purported 'Excessive' Fee Case Was Implausible

"[There are] lessons that can be learned from Morgan Lewis's masterful dismissal motion. These defense tactics apply to many of the illegitimate purported excessive fee lawsuits based on exaggerated and inaccurate data.... The only potentially legitimate excessive recordkeeping claim is if it is based on the rule 408b2 or 404a5 fee disclosures, and compared to the accurate fee disclosures of other companies with similar recordkeeping services. But the vast majority of lawsuits use deceptive Form 5500 inflated data." [Morales v Capital One Fin. Corp., No 21-1454 (E.D. Va. May 27, 2022)]

Glass Lewis, COVID-19 and Public Company Executive Compensation

"[Glass Lewis (GL)] recently provided guidance on its approach to navigating the governance issues, including compensation issues, related to COVID-19.... GL makes clear that a 'business as usual' approach to executive pay will face opposition in situations where employees and shareholders see their own paychecks cut."