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Protecting participants from themselves: the choice is theirs

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 24 2012

I recently spoke at a seminar where the question was raised about a plan sponsor's obligations to act where they see a participant has made foolish investment choices in their self-directed accounts

Breach of fiduciary duty claims don't automatically create individual remedies

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 14 2013

When the Supreme Court decides not to take a case, that is generally not news. But in the case of the Court's decision to decline a review of Walker

Counting COBRA; look to related companies

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • March 1 2011

Most employers are aware that COBRA exempts from its applicability employers with fewer than 20 employees

Be careful who you pay: mistakes may make you pay twice

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 2 2011

Plan administrators have to be careful about making sure they pay the correct beneficiaries and pay the correct amount

Trustees, beware of conflicts: Glenn applies to Taft-Hartley plans

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 12 2010

You might recall from a previous posting that I discussed the Supreme Court's decision in Metropolitan Life Insurance Co. v. Glenn

Not everyone is a fiduciary

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 2 2010

Just because you work with retirement plan money, you are not necessarily a fiduciary

Court finds terminating disability benefits was arbitrary and capricious

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • February 11 2011

Disability benefits provide an interesting problem for plan administrators because there are multiple times when an appeal right may attach

COBRA notices good when mailed to last known address (if you can prove you sent them)

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 4 2012

In past entries, I have written about the ongoing struggle plan administrators face when trying to locate participants to provide notices

Are you part of a control group? It counts when counting

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 10 2012

Between COBRA, discrimination testing and determining PPACA compliance, employers really have to know who to count when counting employees

Health care reform is unconstitutional, sort-of, at least maybe.

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 13 2010

Before everyone gets excited about engaging in an argument about the constitutionality of health care reform and debating the various cases that are pending on the topic, understand this is not what this posting is about