Section Newsletters

Articles on ERISA

How to Find Out the Rules in Your Client’s Subrogation Case and Maybe Get Penalties on the Side By Eric Buchanan & Hudson Ellis Insurance Law, January 2021 Often, health insurance companies have the right to be reimbursed out of the proceeds from personal injury claims, but that is not always the case. The key to finding that out is to get a copy of the plan document.
Equitable Remedies of Back Pay, Front Pay, and Other Make Whole Relief for ERISA Violations By Joseph Kwiatkowski & Glenn Gaffney Employee Benefits, August 2019 An overview of the recent evolution of equitable terms and concepts, particularly relating to individuals seeking “make whole relief” for money damages under ERISA.
Equitable remedies of back pay, front pay, and other make whole relief for ERISA violations By Joseph Kwiatkowski & Glenn Gaffney Labor and Employment Law, July 2019 An overview of the recent evolution of equitable terms and concepts, particularly relating to individuals seeking “make whole relief” for money damages under ERISA.
Restriction of venue in ERISA plans By William H. Mayer Employee Benefits, June 2018 Although the law is unsettled, there are strong arguments in favor of permitting a reasonable restriction of venue clause despite the U.S. Department of Labor's continued opposition.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Insurance Law, September 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Employee Benefits, September 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
Investment advisors subject to the fiduciary standard or the suitability standard (Part I) By Kelli E. Madigan Business and Securities Law, May 2016 Newly proposed Department of Labor rules  include a modification of the existing “fiduciary standard” under the Employee Retirement Income Security Act. The expanded definition of fiduciary would now include many investment advisors, such as 401K plan advisors, IRA investment advisors, broker-dealers and insurance agents, to whom the fiduciary standard did not previously apply.
What practitioners and plan fiduciaries need to know about Tibble v. Edison International By Steve Flores Employee Benefits, July 2015 In this case, the U.S. Supreme Court ruled that ERISA's six-year statute of limitations for claims of fiduciary breach applies to both the initial selection of a plan investment and the ongoing monitoring of that plan investment.
An alternative approach in Illinois for dealing with the United States Supreme Court decision in U.S. Airways v. McCutchen as applied to ERISA claims for reimbursement By Michael J. Marovich Tort Law, June 2015 Based on the McCutchen ruling, plaintiff attorneys must become more diligent in reviewing an ERISA plan’s actual reimbursement language.
ERISA to the rescue: Preemption of state law prevails By James Baker, Douglas Darch, & Miriam G. Petrillo Employee Benefits, April 2015 The recent case of Sherfel v. Newson reinforces the existing interpretation of ERISA and highlights the challenges facing multi-state employers.
Paid sick time laws sweep the nation By Jenni Field Employee Benefits, April 2015 Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Supreme Court update—The day the ERISA presumption of prudence died By James Baker Employee Benefits, April 2015 ERISA plaintiffs’ lawyers have a new hill to climb—framing ERISA fiduciary breach claims that comport with the insider trading restrictions contained in federal securities laws.
Federal case update By Michael Bartolic Employee Benefits, January 2015 Recent cases of interest.
History of the formation of the Employee Retirement Income Security Act of 1974 as Amended (ERISA) and some important ERISA and Internal Revenue Code issues By Bernard G. Peter Employee Benefits, January 2015 A review of how ERISA came to be, and answers to some frequently asked questions. 
Supreme Court update—The ERISA plan sponsor can now control the game clock By James Baker Employee Benefits, January 2015 The U.S. Supreme Court, in Heimeshoff v. Hartford Life & Accident Insurance Co., determined that the limitations period at issue was not unreasonably short.
Smith v. Aegon Companies Pension Plan: Enforceability of venue selection clauses By Nancy G. Ross & Samuel P. Myler Employee Benefits, December 2014 While some district courts, such as the Northern District of Illinois in Coleman v. Supervalu, Inc. Short Term Disability Program have agreed with plan participants that venue selection clauses are inconsistent with ERISA, the Sixth Circuit’s recent 2-1 decision in Smith v. Aegon Companies Pension Plan lends strong support for the prevailing view among the district courts that such clauses are enforceable.
The “construction exemption” for contractor unfunded pension withdrawal liability By Stanley N. Wasser Construction Law, October 2014 A look at some of the basic concepts that must be understood for advising construction contractor clients whether the “construction exemption” will protect their client from unfunded pension withdrawal liability.
History of the formation of the Employee Retirement Income Security Act of 1974 as Amended (ERISA) and some important ERISA and Internal Revenue Code issues By Bernard G. Peter Corporate Law Departments, September 2014 A review of how ERISA came to be, and answers to some frequently asked questions. 
Five proven tactics to minimize ERISA litigation risk By James Baker & Lisa Brogan Employee Benefits, June 2014 Companies can improve their employee benefit plan offerings and, at the same time, minimize ERISA litigation risk by making small changes to their employee benefit plan documents.
A warning to public sector employers: ERISA can apply to you By Benjamin E. Gehrt Employee Benefits, June 2014 Many HR professionals, elected officials, and even some attorneys share a common belief: ERISA does not apply to public sector employers. Unfortunately, they are wrong.
Time is not relative for ERISA statutes of limitation By James Baker & Lisa Brogan Employee Benefits, May 2014 On Dec. 16, 2013, the U.S. Supreme Court announced that an Employee Retirement Income Security Act plan’s own contractual time period for contesting plan benefit disputes is enforceable.
Federal case update By Michael Bartolic Employee Benefits, February 2014 Recent cases of interest to employee benefits practitioners.
A summary of the anti-cutback rule By Patrick M. Colgan Employee Benefits, February 2014 A brief overview of some of the components that have been included in a court’s analysis of the anti-cutback rule including examples of that analysis.
Federal successor liability under ERISA and the MPPAA By Donald S. Rothschild & Brian M. Dougherty Labor and Employment Law, July 2013 This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.
The evolving and murky world of ERISA damages . . . . I mean equitable remedies By Glenn R. Gaffney Federal Civil Practice, March 2013 This article outlines the court’s evolving use of equitable terms and concepts so as to provide jilted plan beneficiaries with make-whole relief resulting in a monetary judgment under ERISA’s statutory provision of “other appropriate equitable relief.”
1 comment (Most recent March 13, 2013)
Case update: In Re: Citigroup ERISA Litigation By Maria M. Gonzalez Employee Benefits, November 2011 The In Re: Citigroup decision contains the most substantive discussion of the Court’s analysis addressing the legal standard governing breach of fiduciary duty claims brought against plan administrators of 401(k), ESOP and other forms of eligible individual account plans that maintain company stock in the plan when there is a substantial decline in price of the stock.
CIGNA Corp. v. Amara case update By Richard Toth Employee Benefits, September 2011 The case signals a likely expansion of the remedies under ERISA’s § 502(a)(3), which provides for “appropriate equitable relief.”
Single employer defined benefit plan fiduciaries’ exposure to risk of liability to participants under the Pension Protection Act of 2006’s mandatory benefit restrictions By Michael Bartolic Employee Benefits, September 2011 Plan sponsors and fiduciaries should be careful to take precautions to avoid unnecessary impositions of the Pension Protection Act’s mandatory benefit restrictions because of statutory presumptions of the Adjusted Funding Target Attainment Percentage.
DeBofsky offers testimony on reforming ERISA By Mark D. DeBofsky Insurance Law, February 2011 Read the transcript of Mr. DeBofsky's testimony before the Senate Finance Committee.
Books Employee Benefits, September 2010 Some suggestions for which books to use when beginning your ERISA research.

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