Excerpt: An employee's state-law privacy lawsuit alleging that her employer's plan administrator misused her health information is not necessarily preempted by ERISA, the 4th U.S. Circuit Court of Appeals ruled in Darcangelo v. Verizon Communications Inc. This case, possibly the first to analyze the ERISA fiduciary issues implicated by an alleged privacy breach, could have some bearing on a preemption analysis under HIPAA's privacy rules.