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Proskauer Rose LLP | USA | 28 Mar 2019

Podcast: Attorney-Client Privilege in the Employee Benefit Plan Context

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


Proskauer Rose LLP | USA | 14 Sep 2018

Podcast: Steps to Reduce Risk of Claims Associated With 401K Plans

In this episode of the Proskauer Benefits Brief, partner Myron D. Rumeld and associate Joseph Clark discuss participant-directed defined contribution


Proskauer Rose LLP | USA | 7 Aug 2018

Fifth Circuit Affirms Dismissal of ERISA Stock Drop Action

The Fifth Circuit agreed that a participant in Idearc’s 401(k) plan failed to plausibly plead that the plan fiduciary’s failure to act on publicly


Proskauer Rose LLP | USA | 8 Sep 2016

District Court Dismisses 401(k) Plan Investment Claims Against Chevron Fiduciaries

A federal district court in California granted defendants’ motion to dismiss claims asserted by Chevron 401(k) plan participants that the plan


Proskauer Rose LLP | USA | 9 Jun 2015

SCOTUS invites Solicitor General to submit its view on ERISA venue selection provisions

We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan. In so ruling, the Court rejected the U.S


Proskauer Rose LLP | USA | 27 Feb 2015

Ninth Circuit: spousal consent not required under top-hat plans

The Ninth Circuit held that a participant's brother, rather than his spouse, was the proper beneficiary of benefits under a profit sharing plan. In


Proskauer Rose LLP | USA | 18 Dec 2014

401(k) plan participant waived ERISA stock-drop claim

The D.C. Circuit affirmed the decision of a district court that Plaintiff Patrick Russell, a 401(k) plan participant, had knowingly waived his right


Proskauer Rose LLP | USA | 8 Oct 2014

A court’s review of a disability benefit claim may hinge on the meaning “satisfactory to us”

Twenty-five years ago, the U.S. Supreme Court ruled that courts should review an ERISA participant's claim for benefits under a de novo standard of


Proskauer Rose LLP | USA | 21 May 2014

Despite Windsor, federal court rejects challenge to a self-insured ERISA health plan’s denial of coverage for same-sex spouses

Following the U.S. Supreme Court's decision in US v. Windsor, the requirement that an ERISA health plan provide health coverage for same-sex spouses


Proskauer Rose LLP | USA | 15 May 2014

Investigating and deciding severance benefits claims

Plan administrators charged with administering Employee Retirement Income Security Act-governed severance plans are often confronted with the

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