Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of...more
5/12/2025
/ Benefit Plan Sponsors ,
Class Action ,
Due Diligence ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Fiduciary ,
Fiduciary Duty ,
Investment Management ,
Plan Participants ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS
Only weeks after the principal effective date for the final 2024 federal mental health parity rules for employer-sponsored health benefit plans, those rules—and specifically some key features that are frustrating...more
2/21/2025
/ Administrative Procedure Act ,
Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Final Rules ,
Mental Health ,
MHPAEA ,
Pending Litigation ,
Regulatory Requirements
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target...more
In Dorman v. Charles Schwab Corp., No. 18-15281 (August 20, 2019), the Ninth Circuit Court of Appeals recently held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan’s fees...more
8/30/2019
/ 401k ,
Arbitration ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Motion to Compel ,
NLRA ,
Prohibited Transactions ,
Putative Class Actions ,
Unenforceable Contract Terms
In late 2018, in Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals held that a plaintiff’s access to documents disclosing an alleged breach of fiduciary duty did not trigger the...more
Employers may soon find themselves reviewing and revising health plan master documents and summary plan descriptions (SPDs) and administrative service agreements with respect to an obscure claims administration practice known...more