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Robinson & Cole LLP | USA | 17 Jan 2019

Second Circuit Upholds District Court’s Choice of Equitable Remedies Under ERISA and Its Decision to Award Prejudgment Interest at the Federal Prime Rate

The Second Circuit Court of Appeals recently issued an opinion in Frommert v. Conkright, affirming a district court decision regarding appropriate


Lane Powell PC | USA | 12 Nov 2018

ERISA: California’s Ban on Discretionary Language does NOT Apply to Health Insurance

Many states have banned discretionary clauses in life and disability policies. But remember to look closely at the language to see if the ban


Kilpatrick Townsend & Stockton LLP | USA | 17 Oct 2018

Health Plans must Explain Reasonable and Customary

As most plan sponsors know, demand letters and lawsuits from out-of-network providers have been on the rise the past few years. This rise in


Mintz | USA | 11 Apr 2018

Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions

What’s a financial advisor to do? On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep’t. of Labor, No


Arent Fox LLP | USA | 5 Apr 2018

Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms

Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural


Sidley Austin LLP | USA | 22 Mar 2018

Fifth Circuit Vacates U.S. Department of Labor Fiduciary Rule

On Thursday, March 15, 2018, in a two-to-one decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s (DOL)


Constangy Brooks Smith & Prophete LLP | USA | 19 Mar 2018

DOL Fiduciary Rule struck down! What's next?

We now have a split in the circuits. Last week, a panel of the U.S. Court of Appeals for the Fifth Circuit vacated in its entirety the U.S. Department


Graydon Head & Ritchey LLP | USA | 14 Mar 2018

Is Your Short Term Disability (STD) Covered by ERISA?

Generally, ERISA covers any plan, fund, or program that provides sickness, accident, or disability benefits. This would include all short term


Lane Powell PC | USA | 2 Oct 2017

ERISA: New Expectations for Vocational Assessments of “Any Occupation”

You already know that most ERISA plans require an assessment, say after 24 months, whether the claimant can perform "any occupation." This review


Lane Powell PC | USA | 20 Sep 2017

ERISA: Discovery of Claims Procedures to Assess Compliance with DOL Regulations? Not So Fast.

You know that failing to follow Department of Labor (DOL) claims regulations can result in the court using the de novo review standard, rather than

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