The California wildfires were officially declared a federal disaster by the Federal Emergency Management Agency (FEMA) on January 7, 2025. Plan sponsors and participants continue to navigate the financial and administrative impacts of these events. During this unpredictable time, plan sponsors may be able to provide various forms of relief to impacted participants. Plan sponsors
Latest from ERISA Litigation
A Tale of Two Decisions: District Courts Diverge on Constitutional Standing to Bring Pension Risk Transfer Claims
On March 28, 2025, two neighboring district courts issued sharply contrasting decisions on constitutional standing in lawsuits challenging pension risk transfers under the Employee Retirement Income Security Act of 1974 (“ERISA”). The United States District Court for the District of Columbia, in Camire et al. v. Alcoa USA Corp. (“Alcoa Decision”), concluded plaintiffs lacked standing
District Court Rejects Post-Loper Challenge to DOL’s Payroll Practice Exemption
In Hansen v. Laboratory Corporation of America, 2024 U.S. Dist. LEXIS 193350 (E.D. Wis. 2024), the U.S. District Court for the Eastern District of Wisconsin rejected a challenge to the authority of the Department of Labor (DOL) to promulgate a “payroll practice” exemption to the definition of plans covered by the Employee Retirement Income Security
New Lawsuit Challenges Final MHPAEA Rule and Tests Limits of Federal Agency Authority
On January 17, 2025, the ERISA Industry Committee (“ERIC”) filed a lawsuit, The ERISA Industry Committee v. United States Department of Health and Human Services et al. challenging the final Mental Health Parity and Addiction Equity Act (“MHPAEA”) rule published by the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) in
Update: Common Interest, Denied
In a closely watched ERISA case, the United States District Court for the District of Colorado has issued an order affirming the Magistrate Judge’s ruling in Harrison v. Envision Management Holding, Inc. Board of Directors et al (Case No. 21-cv-00304), concerning the discoverability of Department of Labor (“DOL”) interview reports plaintiffs had obtained under a
BELT AND SUSPENDERS COME IN HANDY IN ERISA CASE
THE BENEFIT TO AN EMPLOYER OF INCLUDING BOTH A RELEASE AND A COVENANT NOT TO SUE IN A SEPARATION OR SETTLEMENT AGREEMENT WITH AN EMPLOYEE
ERISA class actions have been plaguing corporate America for more than a decade. There is no universally accepted application of the pleading standards for ERISA fee and performance cases, which
Recently Filed Lawsuit A Good Reminder for Self-Insured Health Plan Fiduciaries
A recently filed lawsuit is a good reminder that self-insured health plan fiduciaries have a fiduciary duty to ensure that their health plans are being administered according to the plan’s terms and in compliance with law, while defraying the reasonable expenses of administering the plan. In discharging this responsibility, plan fiduciaries must oversee any party
Recent Decision Places Spotlight on Coordination Between DOL and Plaintiffs’ Firms
Recent Decision Places Spotlight on Coordination Between DOL and Plaintiffs’ Firms
Defending ERISA claims against an enterprising plaintiffs’ bar is challenging enough. That task becomes even more challenging when the Department of Labor (“DOL”) is working behind the scenes to support private-sector litigants. For example, the DOL has the power to issue subpoenas for documents
Yes, Health Plans, Too – DOL Clarifies Scope of Cybersecurity Guidance
Citing resistance from health and welfare plan service providers, the DOL updated its 2021 cybersecurity guidance to clarify that it “generally applies to all employee benefit plans, including health and welfare plans.” This clarification is the only material change in the update. Despite that, the update serves as a useful impetus for employers to survey
Potential Constitutional Standing Hurdles to Health Plan “Excessive Fee” Claims
Earlier this year, current and former participants of two ERISA-governed health plans filed complaints alleging the same novel legal theory: that plan fiduciaries violated ERISA by mismanaging the plan’s prescription drug benefits. In both complaints, plaintiffs alleged that the mismanagement was caused in part by the plans paying excessive and unreasonable fees to their respective