Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more
1/4/2021
/ Benefit Plan Sponsors ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
Personal Information ,
PHI ,
Retirement Plan ,
Risk Management ,
Sensitive Personal Information
On February 26, 2020, the Supreme Court held that the term “actual knowledge” in the ERISA statute of limitations clause found in 29 U.S.C. §1113(2), ERISA §413 applicable to breach of fiduciary duty cases means “what it...more
3/26/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
Background — fiduciary obligations vs. ERISA’s specific nod to employer stock. Courts have long struggled to determine how to reconcile ERISA’s rules explicitly allowing participants in defined contribution plans to invest in...more