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642 results found

Article

Seyfarth Shaw LLP | USA | 25 Jan 2017

ERISA Class Action Waivers and Mandatory Arbitration-Will The Supreme Court Start A Trend?

On January 13, 2017, the United States Supreme Court agreed to decide whether employment agreements mandating individual arbitration of employment

Article

McDermott Will & Emery | USA | 26 Jul 2016

DOL Significantly Increases Some Penalties for ERISA Violations

The US Department of Labor increased the penalties for specified violations of the Employee Income Retirement Security Act of 1974. Most of the

Article

Trucker Huss APC | USA | 19 Jun 2016

ERISA Litigation Continues a Plaintiff-Friendly Trend

An unmistakable trend in the world of employee benefit plan litigation is underway, and that trend is decidedly in favor of plaintiffs. The trend has

Article

Tucker Ellis | USA | 8 Apr 2016

Cybersecurity and Privacy Protection: the Barbarians are at the Gate

I had the opportunity to attend The Cybersecurity and Privacy Protection Conference at Cleveland-Marshall College of Law this week, and thought I

Article

Proskauer Rose LLP | USA | 3 Jul 2013

The Supreme Court to opine on the use of contractual limitation periods in ERISA plans

Last year, we reported on how the federal discovery rule - pursuant to which claims for benefits do not accrue until the participant could reasonably

Article

Baker Donelson Bearman Caldwell & Berkowitz PC | USA | 26 Jul 2012

New ERISA disclosure requirements

According to a recent survey conducted by the AARP, 71 percent of 401(k) plan participants think they pay no fees relating to their retirement accounts.

Article

Proskauer Rose LLP | USA | 9 Feb 2012

The slow erosion of the judicial doctrine of administrative exhaustion

ERISA claims for benefits have differed historically from other types of civil lawsuits because of the limited scope of contemplated discovery.

Article

Littler Mendelson PC | USA | 6 Jan 2012

Conflict discovery post-Glenn: court allows short depositions to proceed based on something less than good cause

In Metropolitan Life Insurance Co. v. Glenn, the U.S. Supreme Court resolved an issue dividing federal courts for decades when it ruled that the inherent conflict of interest affecting insurance companies that both decide and pay ERISA benefit claims is a factor for courts to weigh in determining whether there has been an abuse of discretion in connection with a benefit denial, but does not alter the applicable standard of judicial review.

Article

Poyner Spruill LLP | USA | 14 Nov 2011

Now’s the time for plan sponsors to prepare for implementation of new DOL fee disclosure regulations Part II, participant fee disclosure

Good news: As we noted in our September alert about the service provider fee disclosure regulations, in July the Department of Labor extended the deadlines for complying with the new retirement plan fee disclosure regulations.

Article

Morgan Lewis | USA | 11 Nov 2011

SEC staff grants no-action relief on compliance with ERiSA disclosure rule

The Division of Investment Management of the U.S. Securities and Exchange Commission (SEC) recently issued a no-action letter to the U.S. Department of Labor (DOL), taking the position that disclosures required by a DOL regulation on participant-directed retirement plans would be treated as satisfying the SEC’s rules on mutual fund advertising.

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