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422 results found

Article

Proskauer Rose LLP | USA | 4 Jun 2019

U.S. Supreme Court Agrees to Hear IBM’s Challenge to Second Circuit Ruling in ERISA Stock-Drop Suit

In December 2018, we reported here that the Second Circuit became the first court at any level to allow an ERISA stock-drop claim to survive a motion

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

A Good 403(b) or a Bad 403(b)? A Question IRS Auditors Look to Answer

In each case, the answer depends on whether the document and operation are in compliance with the many technical requirements for section 403(b)

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 | 3 May 2019

IRS Announces Limited Expansion of its Determination Letter Program for Individually Designed Retirement Plans - But Questions Remain

On May 1, 2019, the IRS released Revenue Procedure 2019-20 which provides for a limited-scope expansion of its determination letter program for

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

Audio

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

Article

Proskauer Rose LLP | USA | 12 Mar 2019

ERISA Administrative Appeal Barred As Untimely

The First Circuit held that a plaintiff failed to timely exhaust her administrative remedies under a long-term disability plan because the plan’s

Article

Proskauer Rose LLP | USA | 11 Mar 2019

Plaintiffs Not Entitled to Jury Trial for ERISA Breach of Fiduciary Duty Claims

Massachusetts Institute of Technology persuaded a federal district court to toss a jury demand in a case alleging that the MIT 401(k) plan

Article

Proskauer Rose LLP | USA | 26 Feb 2019

IRS Expands Rules for Returning Mistaken HSA Contributions

In Notice 2008-59, the IRS provided certain limited exceptions to its previously stated general position that employers may not recoup any portion of

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