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Results:1-10 of 388

ERISA’s statute of limitations for benefit claims: where to begin?
  • Proskauer Rose LLP
  • USA
  • July 13 2010

For plan counsel, the defense of claims for benefits is often complicated by the rather pro-participant nature of ERISA's rules governing the statute of limitations.


Does ERISA preclude the enforceability of general releases?
  • Proskauer Rose LLP
  • USA
  • March 14 2012

The effectiveness of general release agreements in barring later-filed ERISA claims has been a frequent subject of litigation.


Treatment of deferred compensation arrangements as ERISA plansor not
  • Proskauer Rose LLP
  • USA
  • July 18 2012

In these economic times, employers routinely explore ways to manage costs, including the costs of benefits.


Health care reform litigation risks the intersection of ERISA Section 510 and the Affordable Care Act’s whistleblower provisions
  • Proskauer Rose LLP
  • USA
  • May 31 2013

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA)


Tibble v. Edison International: district court finds after trial that it was a breach of fiduciary duty to offer retail rather than institutional share classes of certain mutual funds
  • Proskauer Rose LLP
  • USA
  • August 6 2010

As 401(k) plans have grown into the primary source of retirement income for many employees, the fees paid by such plans have come under increasing scrutiny by Congress and the U.S. Department of Labor.


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation.


Top 10 summary plan description issues not addressed in the ERISA regulations
  • Proskauer Rose LLP
  • USA
  • July 16 2013

The Employee Retirement Income Security Act of 1974 (ERISA) requires employee benefit plans to provide a summary plan description (SPD) to


An update on ERISA attorney-client privilege and the work product doctrine under ERISA's “fiduciary exception"
  • Proskauer Rose LLP
  • USA
  • July 1 2011

This month, we provide an update on the developing law regarding the “fiduciary exception” to attorney-client privilege and the work product doctrine.


Self-Funded ERISA Plans Subject to California Law Barring Discretionary Clauses
  • Proskauer Rose LLP
  • USA
  • October 26 2016

For nearly three decades, ERISA plans have routinely included a provision that grants plan fiduciaries unfettered discretion to interpret and rule on


Reconciling obligations relating to the production of documents under ERISA 104(b)(4) versus the claims regulation, 29 C.F.R. 2560.503-1
  • Proskauer Rose LLP
  • USA
  • November 7 2011

There are a few issues raised by the need to comply with both the statutory provision and the regulation governing the production of documents in response to participant requests: who is required to produce what, when, and who is the entity liable for damages?