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Results:1-10 of 87

Eighth Circuit decision on“cross-plan offsetting” illustrates importance of careful plan drafting
  • Proskauer Rose LLP
  • USA
  • January 24 2019

The U.S. Court of Appeals for the Eighth Circuit recently weighed in on a practice for recovering health plan overpayments known as “cross-plan


As DOL Fiduciary Rule is Officially Vacated, Focus Shifts to SEC
  • Proskauer Rose LLP
  • USA
  • June 26 2018

After nearly a decade in the making, the Department of Labor’s fiduciary rule appears to be officially dead. On June 21st, the U.S. Court of Appeals


Proposed Mental Health Parity Guidance Focuses on Nonquantitative Treatment Limitations
  • Proskauer Rose LLP
  • USA
  • June 7 2018

On April 23, 2018, the Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (together, the “Agencies”) released proposed


IRS Provides Guidance on Searching for Missing 403(b) Participants
  • Proskauer Rose LLP
  • USA
  • March 26 2018

On February 23rd, the IRS issued a memorandum to its examiners instructing them not to challenge a 403(b) plan for failing to satisfy the required


Fifth Circuit Vacates DOL Fiduciary Rule
  • Proskauer Rose LLP
  • USA
  • March 16 2018

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition


Third Circuit Deepens Circuit Split Over Test for “Top Hat” Status Under ERISA
  • Proskauer Rose LLP
  • USA
  • February 23 2018

A Third Circuit decision, Sikora v. UPMC, 876 F.3d 110 (3d Cir. 2017), deepens a circuit split over whether a participant’s bargaining power is


ERISA’s Six-Year Statute of Repose for Fiduciary-Breach Claims Can Be Tolled
  • Proskauer Rose LLP
  • USA
  • November 1 2017

The Eleventh Circuit ruled that ERISA’s six-year statute of repose can be tolled by the parties even though it is a statute of repose. During


Department of Labor’s New Fiduciary Rule Will Go Into Effect June 9th
  • Proskauer Rose LLP
  • USA
  • May 23 2017

The Department of Labor has announced that the new fiduciary conflict of interest rule and related exemptions will begin taking effect on June 9, 2017


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


The United States Supreme Court Rules in Favor of Hospitals on "Church Plan" ERISA Exemption
  • Proskauer Rose LLP
  • USA
  • March 22 2017

The United States Supreme Court unanimously ruled in favor of religiously-affiliated hospitals and healthcare organizations in holding that a pension