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by Andrew L. Oringer After years of handwringing by those opposed to the influence of proxy-advisory firms, are the storm clouds over those firms about to release a torrent? The most recent bolt of lightning comes in the form of the December 11, 2025, Executive Order...
4 Big ERISA Litigation Developments From 2025's 2nd Half - Andrew Oringer, Law360, December 12, 2025 (PDF)
The U.S. Court of Appeals for the Ninth Circuit, in Dedicato Treatment v. Aetna Life Insurance, has reaffirmed its criteria for ERISA preemption. Law. ERISA generally preempts “any and all state laws insofar as they may now or hereafter relate to any employee benefit...
The U.S. Court of Appeals for the Eleventh Circuit, in Johnson v Reliance Standard, overruled an insurer’s interpretation of its own preexisting condition exclusion, stating that the interpretation was unreasonable. Facts. An employee enrolled in long term disability...
Employee Benefits Complaint vs. Johnson & Johnson Dismissed for Second Time - Andrew Oringer, PLANSPONSOR, December 5, 2025 (PDF)
Duress - Barry Salkin, Wolters Kluwer Benefits Law Journal, Winter 2025, Vol. 38, No. 4
Pontera's Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an 'Investor Rights Issue,' Falls Flat - Ari Sonneberg, RIABiz, December 1, 2025 (PDF)
In James v. FedEx Freight, the U.S. Court of Appeals for the Eleventh Circuit ruled that a jury must decide whether an employer received sufficient information from an employee to be required to investigate a possible FMLA request. Law. The FMLA provides that when an...
By Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974 ("ERISA") and its later incarnation, the Retirement Security Rule. Four...
Consumer Choice v. DOL