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Employee Retirement Income Security Act (ERISA) › Litigation Strategies › 401k

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2025

Keating Muething & Klekamp PLL on

The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation. Nonenforcement of 2024 Mental Health Parity Regulations - Earlier...more

Robinson Bradshaw

Lower Pleading Standard for 401(k) Plan Prohibited Transaction Suits

Robinson Bradshaw on

In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - March 2025

Keating Muething & Klekamp PLL on

The March Monthly Minute brings you three recent case updates addressing 401(k) forfeiture utilization, TPA responsibility for recovering self-insured plan’s fraudulently paid claims, and continued PBM litigation in the wake...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The future in litigation might be an arbitration provision

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The fascinating part of ERISA litigations is the changing law and viewpoints. To combat the rising tide of litigation, some companies have included arbitration provisions in their Plan document. That means participants can’t...more

Orrick, Herrington & Sutcliffe LLP

Checklist for Strengthening Your Defenses to 401k Plan Class Actions

Orrick, Herrington & Sutcliffe LLP on

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

Orrick, Herrington & Sutcliffe LLP

Checklist for Strengthening Your Defenses to 401(k) Plan Class Actions

Orrick, Herrington & Sutcliffe LLP on

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

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