On January 13, 2017, the United States Supreme Court agreed to decide whether employment agreements mandating individual arbitration of employment
The US Department of Labor increased the penalties for specified violations of the Employee Income Retirement Security Act of 1974. Most of the
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
I had the opportunity to attend The Cybersecurity and Privacy Protection Conference at Cleveland-Marshall College of Law this week, and thought I
Last year, we reported on how the federal discovery rule - pursuant to which claims for benefits do not accrue until the participant could reasonably
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.
ERISA claims for benefits have differed historically from other types of civil lawsuits because of the limited scope of contemplated discovery.
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.
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.
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.