News & Analysis as of

Data Privacy Fiduciary Duty

Holland & Hart - The Benefits Dial

Some Beach … Fiduciary Considerations As Recordkeeper Sued For Misusing 401(k) Participant Data

A proposed class action lawsuit filed against Empower last month highlights the importance for 401(k) plan fiduciaries to carefully negotiate their services agreements with recordkeepers and other services providers. The...more

Stark & Stark

Artificial Intelligence for RIAs: Compliance Considerations and Practical Policies

Stark & Stark on

The use of artificial intelligence (“AI”) notetakers, while beneficial for productivity, raises significant concerns around privacy, security, and compliance. These risks are at the center of Brewer v. Otter.ai, a lawsuit...more

Katten Muchin Rosenman LLP

The CFPB is Reconsidering Personal Financial Data Rights Rule Under the Dodd-Frank Act

On August 22, 2025, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking seeking public comment on potential revisions to its Personal Financial Data Rights Rule (the Rule) under...more

A&O Shearman

UK Pensions: What's new this week? August 4, 2025

A&O Shearman on

TPR blog post on managing systemic risks - The latest blog post from the Pensions Regulator (TPR) highlights the importance of managing systemic risks, including climate change, nature loss and broader ESG factors, as "a...more

Jackson Lewis P.C.

Harnessing AI Under ERISA: A Compliance and Oversight Guide for Retirement and Health Plan Fiduciaries

Jackson Lewis P.C. on

It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant...more

Hendershot Cowart P.C.

Texas LLCs, Corporations: Act Now to Secure New Business Protections from 2025 Legislative Reforms

Hendershot Cowart P.C. on

Major changes to Texas Business Organizations Code enacted during this summer’s legislative session provide unprecedented protection for management decisions and business disputes – but only if you amend your governing...more

Maynard Nexsen

Artificial Intelligence in the Health and Welfare Space: Opportunities and Considerations for Employers

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Artificial intelligence (also commonly referred to as “AI”) is rapidly reshaping industries, and the health and welfare space is no exception. As employers seek innovative ways to improve the administration of health and...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2025

Seyfarth Shaw LLP on

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more

Foley & Lardner LLP

New Artificial Intelligence (AI) Regulations and Potential Fiduciary Implications

Foley & Lardner LLP on

Fiduciaries should be aware of recent developments involving AI, including emerging and recent state law changes, increased state and federal government interest in regulating AI, and the role of AI in ERISA litigation. While...more

Health Care Compliance Association (HCCA)

[Event] 2025 Board & Compliance Committee Conference - February 24th - 25th, Phoenix, AZ

The Board & Compliance Committee Conference is designed specifically to educate board members on best practices and recommendations for establishing and maintaining an effective compliance program. The OIG-HHS will discuss...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Fisher Phillips

Don't Forget About ERISA in Your Health Plan’s Cybersecurity Efforts: Important Reminders for Plan Fiduciaries in the Wake of...

Fisher Phillips on

Earlier this year, a cyberattack on a leading healthcare claims processing provider had an unprecedented impact on patients and healthcare providers across the country. While group health plans were not directly targeted in...more

WilmerHale

India Passes Long Awaited Privacy Law

WilmerHale on

On August 9, 2023, India passed a data protection law that will govern how entities who process users’ personal data. The Digital Personal Data Protection Act (“the Act”) will establish guardrails for how organizations should...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter

In order to provide an overview for busy in-house counsel and compliance professionals, this newsletter summarizes some of the most important and interesting developments from State Attorneys General across the country in the...more

Cozen O'Connor

State AGs, Federal Regulators Gather to Discuss Tech Competition, ESG, Privacy, and More

Cozen O'Connor on

Last week, the National Association of Attorneys General (NAAG) held its annual Capital Forum in Washington, DC, which provided AGs, AG staff, and private sector attendees the opportunity to engage with each other as well as...more

Society of Corporate Compliance and Ethics...

[Event] Regional Compliance & Ethics Conference - March 28th, Phoenix, AZ

Looking for compliance training and networking in your area? SCCE’s Regional Compliance & Ethics Conferences offer practitioners convenient, local compliance training, including updates on the latest news in regulatory...more

Kilpatrick

Fiduciary Duty IS Coming to Privacy – Through Your Benefit Plans!

Kilpatrick on

While all businesses have been grappling with cybersecurity challenges for years, cybersecurity has recently come into focus for retirement plans, health and welfare plans and other ERISA plans due to a new Department of...more

Morgan Lewis - ML Benefits

The DOL Is Focusing on Cybersecurity; Plan Fiduciaries May Want to Consider Doing the Same

There has been an increasing focus in recent years on the intersection of ERISA’s fiduciary duties and the issues of cybersecurity and data (including participant data) protection. Beyond the potential for pecuniary and...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

American Conference Institute (ACI)

[Virtual Event] 18th NATIONAL FORUM ON ERISA Litigation - November 18th - 19th, 10:45 am - 1:30 pm EST

Join us virtually to ensure that you are equipped with the latest updates and strategies to prevent, manage and defend against rising, costly ERISA disputes. There has never been a more critical time to “compare notes”...more

Jackson Lewis P.C.

Is Personal Information Of Retirement Plan Participants An ERISA Plan Asset?

Jackson Lewis P.C. on

A little more than one year ago, we reported on a settlement (Cassell et al. v. Vanderbilt University, et al.) involving the alleged wrongful use of personal information belonging to retirement plan participants, claimed to...more

Pierce Atwood LLP

First Circuit Holds That College Does Not Owe Fiduciary Duties to Students, Rejects Data Privacy Class Action Claims

Pierce Atwood LLP on

On March 25, 2020, the First Circuit Court of Appeals in Squeri v. Mount Ida College upheld the lower court’s dismissal of prospective and former Mount Ida College students’ claims against the college and its Board of...more

Lathrop GPM

New York Poised to Make Big Splash in State Data Protection Law

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California and New York make big waves when they pass laws regulating privacy and data. We have previously described the changes coming in 2020 with the California Consumer Protection Act (“CCPA”)....more

Foley Hoag LLP - Security, Privacy and the...

Move over, CCPA? New York Considers Sweeping Data Privacy Law

New York’s state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the “NYPA” or the “Act”), which is currently being considered by the state...more

King & Spalding

Broad Consumer Privacy Bill Introduced In New York State Senate

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New York’s State Senate is considering a bill that would impose sweeping new requirements upon companies that collect and process consumer data, including a fiduciary-like duty to protect such data. On May 9, 2019, New York...more

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