Articles: 1-10 of 471
District Court Holds Employer “Expelled” From Plan May Not Have Effected a “Withdrawal”
USA - May 26 2023 In Central States v. Wingra, No. 21-cv-3684, 2023 WL 199360 (N.D. Ill. Jan. 17, 2023), the district court held that an employer expelled from a…
Tax Court Decision Interprets Profits Interest “Safe Harbor” under IRS Rev. Proc. 93-27
USA - May 23 2023 The Tax Court’s May 3, 2023, decision in ES NPA Holding, LLC v. Commissioner (T.C. Memo 2023‑55), upholding a taxpayer’s position to characterize a…
Latest ERISA Developments on the IRA Rollover Fiduciary Rules, the DOL’s QPAM Exemption Amendment Proposal and the DOL’s ESG Rules
USA - May 18 2023 In addition to the excitement of the upcoming outdoor concert season, Proskauer’s lawyers are anxiously awaiting VERY different forms of…
Fifth Circuit Stay Reinstates Preventive Services Mandate—For Now
USA - May 17 2023 On Monday, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of enforcement of the district court decision in Braidwood…
Seventh Circuit Affirms Discretion Over Who Gets Severance Benefits
USA - May 12 2023 A recent Seventh Circuit decision affirms the principle that an ERISA severance plan can reserve to the employer discretion over who is eligible for…
Here We Go Again: Prescription Drug Reporting Due by June 1st
USA - May 8 2023 “Didn’t we just do this?” might be the first question asked by many health plan sponsors and administrators when gearing up to complete 2022…
Dismissal Streak Continues in BlackRock Target Date Fund Litigation
USA - May 4 2023 A third district court has dismissed with prejudice a complaint alleging that defendants breached their fiduciary duties under ERISA by offering…
Preventive Care in a Post-Braidwood World: Agencies Release Guidance on Preventive Services Coverage Requirements
USA - April 25 2023 The Departments of Labor, Treasury, and Health and Human Services (the “Departments”) recently released guidance for group health plans on required…
Understanding Recent Litigation on Medication Abortion: A Guide for Health Plan Sponsors
USA - April 24 2023 Last Friday, the United States Supreme Court stayed a federal district court order that suspended the U.S. Food and Drug Administration’s approval of…
Big Headline, Small Impact: Legislation Ends COVID-19 National Emergency
USA - April 11 2023 Important Update: Based on informal comments from the U.S. Department of Labor, it appears that the tolling of benefit plan deadlines will end on…
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