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Fox Rothschild LLP | USA | 22 Jun 2016

Health care providers: Have you considered HIPAA compliance for your practice’s group health plans?

Health care providers know about and have worked with HIPAA privacy and security rules for well over a decade. They have diligently applied it to


Fox Rothschild LLP | USA | 14 Jan 2013

Breach of fiduciary duty claims don't automatically create individual remedies

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


Fox Rothschild LLP | USA | 14 Dec 2012

Alternative investments by retirement plans

In the current investment climate involving historically low interest rates and an uncertain stock market, we have been approached by clients, consultants and third party administrators with the same request: “Can a plan invest in non-traditional investments, such as real estate?”


Fox Rothschild LLP | USA | 28 Sep 2012

Upon further review, plaintiff does have a remedy!

Last year, in CIGNA Corp. v. Amara, the Supreme Court signaled a willingness to broaden the scope of equitable remedies available to successful ERISA plaintiffs.


Fox Rothschild LLP | USA | 28 Jun 2012

The Supreme Court upholds the Patient Protection and Affordable Care Act: now what?

On Thursday, June 28, the United States Supreme Court issued its long awaited decision on the constitutionality of The Patient Protection and Affordable Care Act (PPACA).


Fox Rothschild LLP | USA | 11 Jun 2012

The price of fiduciary failure $36.9 million

As reported in the February 2012 edition of For Your Benefit (see “The Final Fee Disclosure Rules Finally Arrive” by Daniel Kuperstein and Harvey Katz), the United States Department of Labor recently issued the final fee disclosure regulation to ERISA.


Fox Rothschild LLP | USA | 22 May 2012

Does ERISA preempt breach of contract claims on employment agreements? Yes and no.

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


Fox Rothschild LLP | USA | 13 Apr 2012

PPACA and "linguistically appropriate services"

Under ERISA, there are come requirements for plan administrators to provide documents or notices in languages other than English.


Fox Rothschild LLP | USA | 28 Feb 2012

ERISA lawyers: the exceptionally privileged few

Many litigators take two things for granted beyond death and taxes: first, that under the attorney-client privilege, they can freely communicate with their clients either electronically or in writing without fear of having to turn over their communications to other parties in litigation; and second, that under the attorney work-product privilege, the notes or memoranda created by the attorney need not be produced at the request of an opposing litigant.


Fox Rothschild LLP | USA | 28 Feb 2012

The final fee disclosure rules finally arrive

Earlier this month, the Department of Labor (DOL) released the long-awaited final service provider fee disclosure regulation under Section 408(b)(2) of ERISA.

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