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 -
This month’s newsletter features an article on the DOL’s recently published interim final rule that increases penalties for notice and disclosure violations, which generally became effective on...more
9/1/2016
/ Affordable Care Act ,
Annual Reports ,
Broker-Dealer ,
Civil Monetary Penalty ,
Commercial Speech ,
Constitutional Challenges ,
Defined Benefit Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Duty ,
Fiduciary Rule ,
Health Insurance ,
Injunctive Relief ,
Investment Adviser ,
Investment Funds ,
Penalties ,
Pension Funds ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Statute of Limitations ,
Summary of Benefits and Coverage
As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more
8/17/2016
/ Annuities ,
Arbitrary and Capricious ,
Best Interest Contract Exemptions ,
Case Consolidation ,
Chamber of Commerce ,
Commercial Speech ,
Cross Motions ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
First Amendment ,
Investment Adviser ,
Motion for Summary Judgment ,
Preliminary Injunctions ,
Private Right of Action ,
Statutory Authority
As we previously reported, there have been five lawsuits challenging the U.S. Department of Labor’s new fiduciary rule.
On July 8, 2016, the U.S. Department of Labor (DOL) filed its first formal response to these...more
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
Tuesday, the U.S. Department of Labor issued its highly anticipated re-proposed regulation addressing when a person providing investment advice with respect to an employee benefit plan is considered a fiduciary under ERISA....more