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Fiduciary Duty Surcharges

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2025

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

Jackson Lewis P.C.

Tobacco Surcharge Litigation Flares Up

Jackson Lewis P.C. on

Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Troutman Pepper Locke

Can Fourth Circuit Plaintiffs be Granted "Surcharge" as a Remedy for Breach of Fiduciary Duty Under ERISA?

Troutman Pepper Locke on

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

Downey Brand LLP on

Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...more

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