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Proskauer Rose ERISA Litigation Newsletter, July 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."

The Proskauer Rose ERISA Litigation Newsletter, September 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.

Proskauer Rose's ERISA Litigation Newsletter, January 2011 Issue

"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."

Proskauer Rose's ERISA Litigation Newsletter, December 2010 Issue

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.

Proskauer Rose's ERISA Litigation Newsletter, August 2010

Excerpt: [The Edison case, being the first 'excessive fees' case to go to judgment following a trial,] illustrates that it may be worthwhile for plan sponsors to consider structuring their plans so that the plan's administrative costs are borne by the plan, not the plan sponsor. Such a structure can lessen or eliminate claims of conflicts when revenue sharing is used to effectively lower a plan's administrative expenses.

Proskauer Rose ERISA Litigation Newsletter - March 2010

Includes 'Third Circuit Applies Statutory Prohibition on Pension Benefit Cutbacks to a Welfare Plan', 'District Court Dismisses Claims against Kraft 401(k) Plan Fiduciaries, Continuing String of Successful Defenses to Suits Challenging 401(k) Plan Fees and Expenses', and 'Rulings, Filings and Settlements of Interest.

The Inaugural Issue of Proskauer Rose's ERISA Litigation Newsletter (PDF)

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.'

Proskauer ERISA Litigation Newsletter, July 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."

Proskauer ERISA Litigation Newsletter, May 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.

Proskauer ERISA Litigation Newsletter, April 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."