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Podcast: Fixing Retirement Plan Overpayments
  • Proskauer Rose LLP
  • USA
  • July 3 2018

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and


DOL Fiduciary Rule Delayed, But At Least Parts Might Be Here to Stay
  • Proskauer Rose LLP
  • USA
  • April 5 2017

On April 4, 2017, the U.S. Department of Labor issued a final rule postponing applicability of the Conflict of Interest Rule and related exemptions


ERISA Fee Litigation Continues to Expand with New Claims Seeking to Impose Heightened Fiduciary Standards for 401(k) Plans
  • Proskauer Rose LLP
  • USA
  • July 31 2016

Buoyed by their recent success in fee litigation cases against plan fiduciaries, plaintiffs' counsel are bringing more lawsuits seeking to impose


Pension Consultant Found Not to be an ERISA Fiduciary
  • Proskauer Rose LLP
  • USA
  • July 19 2016

The Tenth Circuit held that a pension plan consultant, who misstated the amount of monthly pension payments that a pension plan participant would


Final DOL Fiduciary Rule - Q&As for Employers and Plan Sponsors on Investment Education
  • Proskauer Rose LLP
  • USA
  • May 3 2016

On April 6, 2015, the U.S. Department of Labor (Department) issued its final rule defining who is a fiduciary of an employee benefit plan under the


Sixth Circuit concludes that CBAs vested retirees contribution-free health benefits, despite side letters to the contrary
  • Proskauer Rose LLP
  • USA
  • August 21 2013

The Sixth Circuit affirmed a district court's decision granting a permanent injunction in favor of M&G Polymers, USA LLC retirees who sought vested


Section 510 claim
  • Proskauer Rose LLP
  • USA
  • March 14 2012

In Kim v. Columbia University, No. 10-3076, 2012 WL 360624 (2d Cir. Feb. 6, 2012) (summary order), the Second Circuit affirmed the grant of summary judgment in favor of Columbia University, dismissing a former employee's claims for retaliation and for benefits based on the forfeiture of his retirement account because he did not satisfy the plan's vesting provisions.


Third Circuit limits relief available to ERISA welfare plans seeking reimbursement of medical expenses
  • Proskauer Rose LLP
  • USA
  • November 17 2011

In a case of significant importance for plan sponsors and fiduciaries, the U.S. Court of Appeals for the Third Circuit held in US Airways, Inc. v. McCutchen, No. 10-3836 (3d Cir. Nov. 16, 2011), that an employee benefit plan was not entitled to full reimbursement of medical expenses it paid to a participant even though the plan provided that the participant was required to reimburse the plan for all amounts paid "out of any monies recovered from a third party."


Retiree Benefits
  • Proskauer Rose LLP
  • USA
  • November 7 2011

In Evans v. Sterling Chemicals, Inc., --- F.3d ----, No. 10-20493, 2011 WL 4837847 (5th Cir. Oct. 13, 2011), the Fifth Circuit held that an employer violated ERISA by increasing the cost of certain retirees' health care benefits.


“Never mind” DOL withdraws proposed regulation on the definition of an ERISA “fiduciary”
  • Proskauer Rose LLP
  • USA
  • November 7 2011

In October 2010, the Department of Labor (DOL) issued a proposed regulation setting forth a new, broader interpretation of the statutory definition of a “fiduciary” under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001, et seq.