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Article

Pillsbury | USA | 28 Jun 2018

The DOL’s Fiduciary Rule Is Dead! Now What

On June 21, 2018, the Fifth Circuit Court of Appeals issued a highly anticipated mandate vacating the Department of Labor’s (DOL) Fiduciary rule in

Article

Pillsbury | USA | 11 Apr 2018

The future of the Department of Labor’s Fiduciary rule is in limbo following the Fifth Circuit’s decision striking it down “in toto.”

In April of 2016, the Department of Labor (DOL) promulgated the “Fiduciary” rule, which expands the definition of “fiduciary” under Section 3(21) of

Article

Pillsbury | USA | 9 Jun 2017

Without Further Delay: The ERISA Fiduciary Rule

On April 7, 2017, the Department of Labor (DOL) published a final rule delaying the applicability date of the “Fiduciary” rule and certain related

Article

Pillsbury | USA | 7 Feb 2017

Presidential Memorandum Directs the DOL to Re-Examine Fiduciary Rule

On February 3, 2017, President Trump issued a Presidential Memorandum to the Secretary of Labor directing the Department of Labor (DOL) to re-examine

Article

Pillsbury | USA | 6 Sep 2016

Cybersecurity and the Role of ERISA Fiduciaries

The Employee Retirement Income Security Act of 1974, as amended (ERISA), protects plan participant benefits and account balances by imposing high

Article

Pillsbury | USA | 30 Mar 2016

Supreme Court Reaffirms ERISA’s Preemptive Effect as It Overturns State Health Care Law

In Gobeille v. Liberty Mutual Insurance, the Supreme Court overturned a Vermont law requiring ERISA plans to disclose health payments to the state's

Article

Pillsbury | USA | 17 Feb 2016

Montanile, Amgen, Tackett & Moen: Four Important Employee Benefits Cases to Kick Off 2016

The year 2016 has only just started, and we have already seen several important court decisions related to employee benefit plans and the Employee

Article

Pillsbury | USA | 21 May 2015

Supreme Court ruling heightens pressure on fiduciaries to monitor 401(k) plan investments

On May 18th, the U.S. Supreme Court unanimously held in Tibble et al. V. Edison International et al., No. 13-550 (S. Ct. May 18, 2015) that ordinary

Article

Pillsbury | USA | 8 May 2015

Take two: DOL reproposes changes to definition of fiduciary for ERISA plans and IRAs

On April 14, 2015, the Department of Labor (DOL) proposed a new regulation defining who is a “fiduciary” of an employee benefit plan covered by ERISA

Article

Pillsbury | USA | 3 Feb 2015

Supreme Court rejects Yard-Man inference of lifetime vesting of retiree health benefits

The Supreme Court's recent unanimous decision in M&G Polymers USA, LLC v. Tackett, No. 13-1010, 2015 WL 303218 (S. Ct. January 26, 2015) confirms

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