Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of...more
9/20/2019
/ Administrative Procedure Act ,
Amicus Briefs ,
Arbitrary and Capricious ,
Department of Homeland Security (DHS) ,
Elder Issues ,
Equal Protection ,
Final Rules ,
Immigrants ,
Immigration Enforcement ,
Nonprofits ,
Path To Citizenship ,
Preliminary Injunctions ,
Pro Bono ,
Public Benefits ,
Rehabilitation Act
The Tenth Circuit recently affirmed the Department of Labor’s authority to impose new conditions for exemption from prohibited transaction rules with respect to the sale of annuity contracts. The case related to the...more
3/16/2018
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Annuities ,
Best Interest Contract Exemptions ,
Conflicts of Interest ,
Consumer Financial Products ,
Department of Labor (DOL) ,
Fiduciary Rule ,
Financial Services Industry ,
Investment Adviser ,
Notice Requirements ,
Prohibited Transactions ,
Proposed Rules
After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more
4/6/2017
/ 401k ,
403(b) Plans ,
Administrative Procedure Act ,
Aetna ,
Affordable Care Act ,
Alternative Pleadings ,
Benefit Plan Sponsors ,
Breach of Duty ,
Chamber of Commerce ,
Class Action ,
Class Certification ,
Collective Bargaining ,
Conflicts of Interest ,
Delays ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Exhaustion Doctrine ,
Fiduciary Duty ,
Fiduciary Rule ,
FIfth Third Bancorp v Dudenhoeffer ,
HRA ,
Insider Information ,
IRS ,
Lifetime Health Benefits ,
Mental Health Parity Rule ,
Notice Requirements ,
Pleading Standards ,
Preliminary Injunctions ,
Presidential Memorandum ,
Proposed Legislation ,
Public Disclosure ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Repeal ,
Retirement Plan ,
Small Employers ,
Stock Drop Litigation ,
Trump Administration ,
Unilateral Modification ,
Vested Benefits
On February 17, 2017, a federal district Court in Kansas upheld the U.S. Department of Labor’s conflict of interest rule and related exemptions in a suit brought by Market Synergy Group, Inc. This ruling on the merits follows...more
2/24/2017
/ Administrative Procedure Act ,
Best Interest Contract Exemptions ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Adviser ,
Investment Adviser ,
OMB ,
Retirement ,
Retirement Plan ,
Trump Administration
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more
12/1/2016
/ AARP ,
Administrative Procedure Act ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Best Interest Contract Exemptions ,
Budget Recollection Legislation ,
Class Action ,
Department of Labor (DOL) ,
Dismissals ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fiduciary Rule ,
Filing Deadlines ,
GINA ,
Investment Adviser ,
IRS ,
National Association for Fixed Annuities (NAFA) ,
Preemption ,
Preliminary Injunctions ,
Presidential Elections ,
Repeal ,
Retirement Plan ,
Reversal ,
Securities Litigation ,
Shareholder Litigation ,
Slayer Statutes ,
Summary Judgment ,
Trump Administration ,
Wellness Programs
On November 4, 2016, Judge Moss in the U.S. District Court for the District of Columbia granted the U.S. Department of Labor’s motion for summary judgment and dismissed claims brought by the National Association for Fixed...more
11/18/2016
/ Administrative Procedure Act ,
Annuities ,
Best Interest Contract Exemptions ,
Best Interest Standard ,
Chevron Deference ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fifth Amendment ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Presidential Elections ,
Regulatory Flexibility Act ,
Title I ,
Trump Administration
In this update on the litigation challenging the U.S. Department of Labor’s new fiduciary rule, we note that there has been a sixth lawsuit filed and oral arguments in two other cases.
...more
Editor's Overview -
This month, we look at the implications of the two federal district court cases from California that applied the ban on discretionary clauses typically found in ERISA plans to self-insured plans. The...more
10/27/2016
/ Abuse of Discretion ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Audits ,
Best Interest Contract Exemptions ,
De Novo Standard of Review ,
Department of Labor (DOL) ,
Determination Letter ,
Disability Benefits ,
Discretionary Clauses ,
Eligibility ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fiduciary Duty ,
Fiduciary Rule ,
First Amendment ,
Forum Selection ,
Health Insurance ,
Insurance Code ,
IRS ,
Notice and Comment ,
Pre-Dispute Arbitration ,
Preemption ,
Savings Clause ,
Self-Funded Health Plans ,
State Bans ,
Voluntary Correction Program ,
Wellness Programs
Editor's Overview -
In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more
7/1/2016
/ Administrative Procedure Act ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Best Interest Contract Exemptions ,
Confidential Information ,
Deferred Compensation ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fifth Amendment ,
Forfeiture ,
Former Employee ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Individual Retirement Account (IRA) ,
IRS ,
Medical Examinations ,
Proposed Regulation ,
PTEs ,
Retaliation ,
Section 409A ,
Section 457(f) ,
Section 457A ,
Section 510 ,
Summary Judgment ,
Tax Exemptions ,
Termination ,
Tobacco-Cessation ,
U.S. Treasury ,
Wellness Programs
On April 6, 2015, the U.S. Department of Labor released its Final Rule addressing when a person providing services to an employee benefit plan or individual retirement account (IRA) is considered to be providing investment...more
6/13/2016
/ Administrative Procedure Act ,
Best Interest Contract Exemptions ,
Best Interest Standard ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Fifth Amendment ,
Final Rules ,
First Amendment ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Regulatory Flexibility Act