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Drinker Biddle & Reath LLP | USA | 10 Apr 2019

The DOL’s Temporary Enforcement Policy: Potential Traps for the Unwary

The overturning of the DOL's Fiduciary Rule by the Fifth Circuit last year had two impacts: first, the definition of "fiduciary" for investment


Morgan Lewis | USA | 4 Apr 2019

Not Quite Gone, Far from Forgotten: The Current Status of the DOL Fiduciary Rule

In June 2018, the US Court of Appeals for the Fifth Circuit officially ordered the US Department of Labor (DOL) to vacate the so-called DOL Fiduciary


Eversheds Sutherland (US) LLP | USA | 7 Mar 2019

2018 in review - ERISA guidance

In broad scope, the guidance issued in 2018 by the Department of Labor (DOL) under the Employee Retirement Income Security Act of 1974, as amended


Haynes and Boone LLP | USA | 21 Nov 2018

Fifth Circuit Opinion Clarifies Legal Claims Distinction under ERISA

In Manuel v. Turner Industries Group, L.L.C., the U.S Circuit Court of Appeals for the Fifth Circuit (whose jurisdiction includes Texas) considered


Shawe Rosenthal LLP | USA | 31 Oct 2018

COBRA Notice Violations May Result in Payment of Employee’s Medical Expenses

In the first federal appellate decision to address the remedy for violations of the Consolidated Omnibus Budget Reconciliation Act’s (COBRA) notice


Drinker Biddle & Reath LLP | USA | 22 Oct 2018

Recommending Rollovers in the Evolving Regulatory Environment (Part 3)

In Parts 1 and 2 of this post, we talked about the current and proposed rules applicable to rollover recommendations by broker-dealers and RIAs. Part


Mintz | USA | 12 Sep 2018

Avoiding Unexpected Liability for Former Employees’ Medical Expenses

Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and


Seyfarth Shaw LLP | USA | 11 Jul 2018

More Trouble For Plan Administrators In Drunk Driving Cases

The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and


Porter Wright Morris & Arthur LLP | USA | 2 Jul 2018

Fifth Circuit issues mandate that vacates the ERISA fiduciary rule: What plan sponsors should do next

After years of revising regulations and even more years of legal battles, the Department of Labor’s (DOL) 2016 ERISA fiduciary regulations (the


Arent Fox LLP | USA | 27 Jun 2018

Fifth Circuit: Complaints Seeking Plan Benefits Need Not Quote Provisions, Especially When Insurers Refuse to Provide Documents

The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and

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