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47 results found

Article

Proskauer Rose LLP | USA | 31 May 2019

Third Circuit Upholds Health Plan’s Anti-Assignment Clause

The Third Circuit recently held that anti-assignment clauses in ERISA-governed healthcare plans are enforceable as long as they are unambiguous. The

Article

Proskauer Rose LLP | USA | 9 May 2019

Third Circuit Resuscitates Claims Against University 403(b) Plan Fiduciaries

Over the past several years, the ERISA plaintiffs’ bar has targeted university-sponsored 403(b) plans, arguing that the plan fiduciaries breached

Article

Proskauer Rose LLP | USA | 1 Apr 2019

ERISA Newsletter

We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA

Article

Proskauer Rose LLP | USA | 27 Dec 2018

Second Circuit Revives Dismissed ERISA Stock-Drop Suit

The Second Circuit reinstated a claim for breach of fiduciary duty under ERISA brought by participants in IBM’s 401(k) plan who suffered losses from

Article

Proskauer Rose LLP | USA | 24 Jul 2018

Ninth Circuit Rejects Bid To Arbitrate ERISA Plans’ Claims

The Ninth Circuit held that employees’ agreements to arbitrate all claims the employees may have did not extend to claims brought on behalf of two

Article

Proskauer Rose LLP | USA | 10 Jul 2018

Clear ERISA Plan Beneficiary Designations Go A Long Way, But They Don't Protect Slayers

Plan administrators are often called upon to identify the proper beneficiary of a deceased participant's ERISA plan benefits. Clear plan language and

Article

Proskauer Rose LLP | USA | 26 Jun 2018

As DOL Fiduciary Rule is Officially Vacated, Focus Shifts to SEC

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

Article

Proskauer Rose LLP | USA | 11 Apr 2018

Ninth Circuit Deepens Circuit Split Over Whether Delinquent Contributions Are Plan Assets

The Ninth Circuit held that employer contributions due to a Taft Hartley fund are not plan assets until they are actually paid to the fund

Article

Proskauer Rose LLP | USA | 6 Apr 2018

Fifth Circuit Vacates DOL Fiduciary Rule

Department of Labor's fiduciary rule, including the expanded definition of "investment advice fiduciary" and the associated exemptions. The decision

Article

Proskauer Rose LLP | USA | 16 Mar 2018

Fifth Circuit Vacates DOL Fiduciary Rule

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

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