Navigating the New Frontier of Employer Health & Welfare Plan Risk: Fiduciary Litigation, Enforcement and Compliance Strategies for 2026

Fox Rothschild LLP

ERISA’s reach extends far beyond retirement plans, encompassing employer-sponsored health and welfare plans that are now facing heightened legal scrutiny. A new wave of class action lawsuits targets employers and benefits consultants over voluntary benefit programs, alleging fiduciary breaches, excessive broker commissions and self-dealing. Programs once considered low risk are quickly becoming litigation flashpoints.

The message is clear: proactive compliance is no longer optional — it is essential.

At the same time, the regulatory landscape continues to intensify. Plan sponsors must now navigate:

• Expanding Pharmacy Benefit Manager reform initiatives
• Six-figure ACA reporting penalties
• HIPAA willful neglect fines exceeding $2.19 million per violation
• Increased Department of Labor enforcement, including personal fiduciary liability

In this installment of the "Shield Your Business" webinar series, José Jara and Traci Clements will highlight key legal and regulatory trends affecting employer-sponsored health and welfare plans in 2026. They will also share practical strategies to mitigate risk and strengthen compliance for professionals in corporate transactions, executive compensation, labor and employment, and litigation.

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