We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 41

Beware of being overly generous with health benefits: the stop-loss conundrum
  • Fox Rothschild LLP
  • USA
  • October 10 2011

Often times, administrators of self-insured plans make decision based on particular circumstances


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


Does ERISA preempt breach of contract claims on employment agreements? Yes and no.
  • Fox Rothschild LLP
  • USA
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems


Unions can indemnify employers if it's in the contract
  • Fox Rothschild LLP
  • USA
  • March 21 2012

Back in 2009, we looked at a Third Circuit case called Pittsburgh Mack Sales v. IUOE, Local No. 66 that found that it was not against public policy to require a union to reimburse an employer for withdrawal liability


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


Step-children are not beneficiaries (unless they are)
  • Fox Rothschild LLP
  • USA
  • August 10 2012

A retirement plan participant can designate a beneficiary other than a spouse, but a waiver is required


Withdrawal liability must be actuary's "best estimate"
  • Fox Rothschild LLP
  • USA
  • September 18 2012

When dealing with withdrawal liability, employers frequently question how it is calculated and the answer is usually "by an actuary."


Overdoses are accidents: plan language controls
  • Fox Rothschild LLP
  • USA
  • September 20 2012

Often times the silliest of facts patterns illustrate the important principles of plan administration


Wellness plans and the ADA safe harbor: Seff v. Broward revisited
  • Fox Rothschild LLP
  • USA
  • August 22 2012

Many plan sponsors are unaware of the "safe harbor" provisions of the Americans with Disabilities Act as it relates to health insurance


Supreme Court to consider PPACA litigation, or at least to consider considering it
  • Fox Rothschild LLP
  • USA
  • November 7 2011

There are multiple cases related to health care reform (PPACA) that are now ready for consideration by the US Supreme Court