"The reminders [in one recent case] are: [1] the DOL does audit many plans of many sizes, and [2] blatantly ignoring the requirements of ERISA when administering or amending an ERISA plan or the advice of your counsel and other advisors on the hope that you will not be audited is not prudent or smart. [Walsh v. Board of Trustees of Local 272 Welfare Fund, No. 22-5292 (S.D.N.Y August 2, 2022)] ... [W]hile a de novo review standard continues to be fairly rare in ERISA benefit cases, there is a range of reasons why this may be the appropriate standard, including poor drafting, significant claims regulation violations, or the situs of the case.... [T]he law of the land on this issue varies significantly depending on where the litigation is located[.]" [Harris v. The Lincoln National Life Ins. Co., No. 21-13186 (11th Cir. Jul. 29, 2022)]  MORE >>