Popular, Health Insurance, Corporate Counsel

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on 8/6/2025

Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

What Employers Should Know About Tobacco Surcharge Litigation

UB Greensfelder LLP on 11/22/2024

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

COVID-19 Testing Coverage Requirements for Group Health Plans and Insurers to Take Effect on January 15, 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2022

Employer health plans and health insurers will be required to cover over-the-counter (OTC) COVID-19 tests, even without a health care provider’s order or an individualized clinical assessment, and generally without cost...more

IRS Extends ACA Reporting Deadline and Issues Transition Relief

Proskauer - Employee Benefits & Executive... on 12/3/2019

The IRS has not yet finalized the ACA reporting forms (i.e., the 1094-B/C and 1095-B/C) for the 2019 tax year, so it is no surprise that the IRS issued guidance this week extending the deadline to furnish the forms to...more

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on 11/14/2019

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Toward Uncharted Waters – The CVS-Aetna Merger

Orrick - Antitrust Watch on 6/12/2019

On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v....more

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

Epstein Becker & Green on 12/19/2018

In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

What Will A Governor Newsom Mean for California Employers?

Fisher Phillips on 11/7/2018

While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s...

Epstein Becker & Green on 1/30/2018

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on 11/21/2017

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

Carlton Fields on 8/7/2017

We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

Ballard Spahr LLP on 8/3/2017

The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

Littler on 7/11/2017

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

ERISA Litigation Newsletter - July 2016

Proskauer Rose LLP on 8/1/2016

Editor's Overview - This month we take a look at the plaintiffs' past successes in fee litigations, and the influx of such lawsuits seeking to impose heightened fiduciary standards for 401(k) plans. Regardless of the...more

'Right-Sizing' Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure

McDermott Will & Emery on 2/16/2016

Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers. A recent court decision demonstrates that while programs to reduce the number of full-time employees may lower...more

ACA Outlook: What Will 2016 Hold for the Affordable Care Act and Employers?

Littler on 12/31/2015

For many employers, 2016 will bring new requirements and challenges with respect to compliance with the Affordable Care Act (ACA). However, their burden in years beyond 2016 may very likely diminish because of recent changes...more

Justice Department Charges Pharma President with Kickback Conspiracy

The Volkov Law Group on 11/4/2015

In the public relations battle following the issuance of the Yates Memo, the Justice Department can now cite one example for the new policy – the recent arrest and charging of Carl Reichel, former President of Warner...more

President Obama Signs ACA Change Into Law

Littler on 10/15/2015

While Republican efforts to effectively repeal the Affordable Care Act (ACA) through the budget reconciliation process have garnered attention, Congress's recent passage of a bipartisan bill making targeted changes to the law...more

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 1 of 24)

Mintz - Employment, Labor & Benefits... on 7/20/2015

Alden Bianchi, Chair of the our Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and...more

What's Next in Employee Wellness: Impact of the Affordable Care Act and New EEOC Initiatives

Spilman Thomas & Battle, PLLC on 6/5/2015

The Affordable Care Act provides employers with a road map on how to implement and administer employee wellness programs. Spilman attorneys Eric Kinder and Erin Jones Adams discuss the components of an effective wellness...more

Hey – That EEOC Wellness Rule Isn’t Half Bad

Constangy, Brooks, Smith & Prophete, LLP on 4/27/2015

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

Multiple class action lawsuits filed against Premera Blue Cross for data breach

Robinson & Cole LLP on 4/1/2015

Days following Premera Blue Cross’s public announcement that it had experienced a data breach affecting approximately 11 million, it has been sued five times (as of the time of this writing) in proposed class action lawsuits...more

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Benesch on 3/17/2015

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

ACA Issues for Employers to Stay Aware of in 2015

Akerman LLP - Health Law Rx on 2/19/2015

With the Affordable Care Act's Employer Mandate (Pay-or-Play penalties) now officially in effect, employers with 50 or more full-time or full-time-equivalent employees should have already made all significant changes to their...more

Latest Update on Anthem Data Breach - Other BCBS Plans May Be Impacted

Polsinelli on 2/16/2015

As a follow-up to its announcement of a massive cyber breach last week, Anthem has updated its “Frequently Asked Questions” for its employer clients, which are posted at www.AnthemFacts.com. The most significant development...more

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