Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Plan Consultant II

MAP Retirement
(Remote / Jacksonville FL)

MAP Retirement logo

Defined Contribution Account Manager

Nova 401(k) Associates
(Remote)

Nova 401(k) Associates logo

Retirement Plan Onboarding Specialist

Compass
(Remote / Stratham NH / Hybrid)

Compass logo

Sales Consultant

DWC - The 401(k) Experts
(Remote)

DWC - The 401(k) Experts logo

Pension Administrator

PPS Pension Services
(Remote / Williamsville NY / Hybrid)

PPS Pension Services logo

Relationship Manager - Defined Contributions

Daybright Financial
(Remote)

Daybright Financial logo

Plan Administrator II

DWC - The 401(k) Experts
(Remote)

DWC - The 401(k) Experts logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

Search the News Archive

20790 Matching News Items
1.  Proskauer Rose LLP Link to more items from this source
Jan. 23, 2013

Includes articles discussing: "[1] the role of expert evidence in class certification issues arising in ERISA litigations, and identifies particular areas where the Comcast ruling may have significant implications for ERISA practitioners.... [2] cost-control strategies for employers as they struggle with retiree-medical expenditures in the era of the ACA ... with practical advice for employers hoping to reduce retiree-medical costs while minimizing abrupt changes to coverage."  MORE >>
2.  Health Plan Law Link to more items from this source
Apr. 5, 2007
"ERISA TOOLKIT page is now updated with standard of review authorities and some additional practice tips. Tutorial section likewise updated with standard of review catalog of cases."

MORE >>
3.  Proskauer Rose LLP Link to more items from this source
Oct. 12, 2012

"[This issue discusses] the issues involved in whether and when arbitration may apply to ERISA claims and whether an employer or fiduciary may wish to require arbitration. [Recent court rulings] could permit plan sponsors to avoid defending class action ERISA claims in federal court by conditioning employment on arbitration agreements, as well as avoid classwide arbitration. However ... the recent case law applying the Supreme Court rulings in employment claims appears to suggest that some courts may look to find means to distinguish ERISA claims and thereby preclude the use of arbitration clauses in this manner."  MORE >>
4.  Proskauer Rose LLP Link to more items from this source
Sept. 16, 2012

"[This issue examines] the application of ERISA pre-emption to state-law misrepresentation claims by medical providers against ERISA plans or their insurers. The Fifth Circuit, which has issued several of the leading appellate decisions on ERISA pre-emption of provider claims, recently granted en banc review of such a claim in the Access Mediquip case. Oral argument is set for September 19, and the en banc ruling will likely have wide-ranging implications regarding the scope of ERISA pre-emption in the context of medical-provider claims."  MORE >>
5.  Proskauer Rose LLP Link to more items from this source
July 11, 2013

"[T]he U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the plan document when claims for benefits accrue. The decision may have significant implications for defending benefit claims based on a statute of limitations defense depending on the scope of the Court's ruling.... [A second article] discusses various benefit issues in Puerto Rico. In particular, ... the impact of the [ACA], ERISA and the PBGC."  MORE >>
6.  Proskauer Rose LLP Link to more items from this source
May 10, 2013

Articles include: [1] U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring Classwide Proof of Damages; [2] District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds; [3] Monetary Damages Potentially Available For Inadequate Disclosure; [4] U.S. Supreme Court Rules That Plan Terms Trump Equitable Defense; and [5] U.S. Supreme Court Agrees To Hear Case On ERISA Statute of Limitations.  MORE >>
7.  Proskauer Rose LLP Link to more items from this source
Nov. 8, 2012

"[The] lead article reviews the recent decision in Janese v. Fay, in which the Second Circuit held that the trustees of multiemployer plans act in a non-fiduciary capacity when amending the plans they administer.... [The] second article looks at the impact of the [ACA] on benefits claims under ERISA ... [and] considers two open issues that are likely to result in litigation: the fiduciary status of independent review organizations (IROs) established by the ACA, and the standard of judicial review applicable to those IROs."  MORE >>
8.  Proskauer Rose LLP Link to more items from this source
Aug. 20, 2012

"[The lead article analyzes] whether an employer's failure to satisfy ACA's new coverage requirements may lead to 'planwide' -- hence potential classwide -- litigation within ERISA's remedial framework, and offer[s] some thoughts on potential defenses and strategies to minimize exposure to such lawsuits."  MORE >>
9.  Proskauer Rose LLP Link to more items from this source
July 19, 2012

"[T]he authors examine the risks and exposures that employers may face in adjusting their programs to the new requirements imposed by the [ACA]. The authors also examine the litigation risks and potential causes of action that may arise in the wake of the [ACA]'s implementation. [A] second article examines deferred-compensation arrangements. Using recent judicial decisions as a guide, the author considers ERISA's relationship with deferred-compensation programs and ERISA's impact on disputes involving benefits payable under those programs. The author concludes with suggestions for employers considering such arrangements as part of their compensation programs."  MORE >>
10.  Proskauer Rose LLP Link to more items from this source
June 18, 2012

"This [newsletter] examines the state of the law on two important areas of ERISA litigation -- contractual vesting of retiree medical claims and the exhaustion requirement. First, we examine the evolution of the Sixth Circuit's 'inference,' as articulated in Auto Workers v. Yard-Man, Inc., that an employer intended to provide retirees with lifetime benefits unless the language of the collective bargaining agreement provides otherwise. The case law over the past several years suggests a desire by at least some judges in the Sixth Circuit to find ways to pare back the application of this inference. Next, we discuss how the Supreme Court's decision in Conkright v. Frommert may provide a basis for moving the law in a helpful direction for plans seeking to rely on the exhaustion defense."  MORE >>
11.  Proskauer Rose LLP Link to more items from this source
May 16, 2012

Articles include: Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits; Class Warfare -- ERISA Class Litigation in Light of Wal-Mart v. Dukes; and Rulings, Filings, and Settlements of Interest.  MORE >>
12.  Proskauer Rose LLP Link to more items from this source
Apr. 17, 2012

Articles include: Ninth Circuit Issues Significant Post-Amara Ruling on Equitable Remedies; Limiting ERISA's Limitations Period through the Use of Contractual Accrual Dates; and Rulings, Filings, and Settlements of Interest.  MORE >>
13.  Proskauer Rose LLP Link to more items from this source
Nov. 8, 2011

"[W]e review the [DOL's] decision to re-propose a controversial regulation expanding the definition of an ERISA fiduciary.... [Additional commentary addresses] high deductible health plan/health savings account re-design and planning for open enrollment; the constitutionality of the individual mandate under the [ACA] ... the Supreme Court's Decision in CIGNA Corp. v. Amara ... and reconciling obligations relating to the production of documents under ERISA Section 104(b)(4) versus the claims regulation[.]"  MORE >>
14.  Proskauer Rose LLP Link to more items from this source
Jan. 16, 2011

"This month's article takes a look back at some highlights from 2010 and offers some predictions about what's in store for 2011. As the authors discuss ..., ERISA cases continue to get the attention of the U.S. Supreme Court.... The coming year also may be the year that significant decisions are issued with respect to the availability and scope of discovery in benefit cases, and the burdens of proof in plan communication claims."  MORE >>
15.  Proskauer Rose LLP Link to more items from this source
Dec. 13, 2010

Excerpt: The Supreme Court is expected to rule in Spring 2011 in the case of CIGNA Corp. v. Amara. As the authors explain below, depending on the breadth of the Supreme Court's ruling, the decision could have widespread implications on the sustainability of a large variety of claims under ERISA that are premised on allegations of faulty communications.  MORE >>
16.  Proskauer Rose LLP Link to more items from this source
Apr. 16, 2008
Excerpt: Our goal is a modest, but we hope, helpful one: To provide monthly an analysis of ERISA cases and developments that may be of interest, or that may reflect emerging trends, including how they can impact you as an employer, plan fiduciary, plan administrator, trustee or plan service provider.... This month's articles illustrate that ERISA litigation 'follows the money.'

MORE >>
17.  Proskauer Rose LLP Link to more items from this source
Apr. 10, 2013

"The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must clearly state all of the types of claims that must be exhausted in order to prevent participants and beneficiaries from proceeding directly to court."  MORE >>
18.  Proskauer Rose LLP Link to more items from this source
Mar. 11, 2013

"This [issue of the newsletter] addresses the First Circuit's decision in Colby v. Union Sec. Ins. Co., which held that a risk of relapsing into drug addition can constitute a current disability, absent unambiguous plan language. This decision is directly at odds with a previous Fourth Circuit decision ... [This] article discusses the distinctions between the two cases as well as how to avoid this type of plan language pitfall."  MORE >>
19.  Proskauer Rose LLP Link to more items from this source
Dec. 20, 2012

"[This edition explores] the arguments asserted by the parties in U.S. Airways v. McCutchen as to whether, and under what circumstances, plans may enforce provisions entitling them to reimbursement of previously paid medical benefits where the participant obtains a recovery from another source."  MORE >>
20.  Proskauer Rose LLP Link to more items from this source
Sept. 12, 2011

This month, we examine the requirements of the equitable surcharge remedy, recently recognized by the Supreme Court in CIGNA v. Amara as an appropriate vehicle for the recovery of monetary relief for breach of fiduciary duty. We also review the decision in Bacon v. Stiefel Laboratories, denying class certification because recovery depended on an individualized showing of reliance. The Florida district court's decision in Stiefel provides a roadmap for defending against class claims.  MORE >>
   Next »

Here's Help About the Advanced Features That Apply Whenever "All Words" Is Selected in the Search Form

  • Quotation marks have a special meaning when "All Words" is selected in the search form (instead of "Any Word"). Any group of words surrounded by quotation marks is required to be found exactly as they appear, in order for a news item to be a match (in other words, they denote an exact phrase).

    Example. "standard of review"

  • By default, every word must be found in a matching news item (hence the "All Words" nomenclature) unless you include the word "or" (whether or not capitalized). A news item is a match if it has one (or both) of the words on either side of "or".

    Example. vested OR vesting
    Note: This can bite you unexpectedly because the word "or" always triggers that functionality. You'll need to refrain from using the word "or" if you want a fully reliable result that matches "all words."

  • The left parenthesis and right parenthesis have a special meaning because they essentially turn multiple words into a single word equivalent. This is handy for words that are synonyms, whether grammatically or in industry usage.

    Example. If this were entered in the search form, a matching news item would need to contain either the word "vested" or the word "lifetime" (anywhere in the news item), plus the word retirement (anywhere in the news item), plus either the word "benefits" or the word "coverage" (anywhere in the news item):
    (vested OR lifetime) retirement (benefits OR coverage)

    You can separate sets of parentheses (or single words) with the word "AND," whether or not capitalized, if you prefer clarity (but this is not necessary because "and" is assumed when "All Words" is selected in the search form):
    (vested OR lifetime) AND retirement AND (benefits or coverage)

  • The word "not" has a special meaning because a news item will not match if it contains the word that follows the word "not" (whether or not capitalized).

    Example. A way to find news items about recently required plan document amendments, while excluding older items about the amendments that were required for certain laws enacted in 1982 or 1984, would be:
    (amended OR amendments OR restated OR restatement) NOT (TEFRA OR DEFRA OR REA)
    Note: This can bite you unexpectedly because the word "not" always triggers that functionality. You'll need to refrain from using the word "not" if you want a fully reliable result that matches "all words."

[Return to the Search Form]