Searching Content indexed under Retirement, Superannuation & Pensions by Seyfarth Shaw LLP ordered by Published Date Descending.
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When An Innocent ERISA Administrator Mistake Can Lead To Money Damages
A recent decision of the federal district court for the Southern District of New York warns ERISA fiduciaries that even innocent mistakes that do not misuse plan assets or unjustly enrich the fiduciaries...
United States
6 Aug 2019
Seyfarth Shaw Policy Matters Newsletter - July 25, 2019
Last week, President Trump tweeted his intent to nominate Eugene Scalia as Secretary of Labor.
United States
29 Jul 2019
A Small Administrative Health Care Fix Gets Court Approval (So Far)
The hyper-partisan political warfare in the American health care industry is far from over.
United States
26 Jul 2019
The Supreme Court Will Take Another Look At Its Erisa Stock-Drop Pleading Standard
Synopsis: ERISA stock-drop litigation has diminished in recent years due to the Supreme Court's Dudenhoeffer decision (and a rising stock market).
United States
9 Jul 2019
Seyfarth Shaw Policy Matters Newsletter - June 13, 2019
In a sometimes contentious hearing earlier this week, the Subcommittee on Workforce Protections reviewed the Department of Labor's
United States
26 Jun 2019
Out Of Network Provider's Claim Against Health Insurer Avoids ERISA Preemption
The provider moved to remand, claiming there could be no preemption given it had no standing to bring an ERISA claim.
United States
23 May 2019
IRS Expands Self-Correction Program
On April 19, 2019, the IRS issued Rev. Proc. 2019-19, updating its Employee Plans Compliance Resolution System ("EPCRS")
United States
15 May 2019
Withdrawal Liability Assessments — How To Identify Possible Default Defendants
A recent decision by the District Court from the Southern District of New York shows why it often makes sense to consider, on a privileged basis
United States
14 May 2019
Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? — The Solicitor General Will Now Advise Whether The Supreme Court Should Provide The Answer
There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims.
United States
10 May 2019
Seyfarth Shaw Policy Matters Newsletter - March 28, 2019
Paycheck Fairness Act Passes House. As predicted in last week's newsletter, the Paycheck Fairness Act (H.R. 7) passed the House on Wednesday. The vote was 242-187, with 7 Republicans voting in support
United States
12 Apr 2019
With IRS Retraction, Lump Sum Buyout Opportunities For Retirees Are Permitted Once Again
On March 6, 2019, the IRS announced its intention to abandon further efforts, at least temporarily, to prohibit defined benefit plans from offering voluntary lump sum cashouts to retirees who are
United States
20 Mar 2019
Sixth Circuit Follows Ordinary Principles Of Contract Law To Find Whirlpool Is Not Obligated To Provide Lifetime Retiree Healthcare Benefits
Seyfarth Synopsis: Over the last several years, the law governing disputes on lifetime retiree health benefits in the Sixth Circuit has had many twists and turns.
United States
14 Mar 2019
California Appellate Court Affirms Broad Scope Of ERISA Preemption In State Law Privacy Case
Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure ...
United States
7 Mar 2019
Plaintiffs Must Do More Than Claim A Breach Of Fiduciary Duty To State An ERISA Claim
Seyfarth Synopsis: A recent case from the Eastern District of Pennsylvania reaffirms the basic principle that a threshold element of any ERISA claim is pleading the existence of an ERISA plan.
United States
14 Nov 2018
IRS Announces 2019 Inflation-Adjusted Benefit Limits
The Internal Revenue Service has announced cost-of-living adjustments applicable to dollar limitations for retirement plans and other benefits for 2019.
United States
8 Nov 2018
ERISA University Excessive Fee Cases Take Another Hit
Excessive fee complaint dismissed because the diverse selection of funds available to plan participants negates any claim that Defendants breached their duties of prudence simply because cheaper funds were available.
United States
12 Oct 2018
Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages
United States
26 Sep 2018
No Quick Exit For 401k Class Actions Over Proprietary Funds
A district court recently denied a motion to dismiss a 401k proprietary fund class action, continuing an overwhelming trend of allowing these cases to survive pleading challenges.
United States
13 Sep 2018
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