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Alternative Investments in 401(k) Plans: Executive Order Implications and Key Fiduciary Considerations - Stephen Wilkes, John Sohn and Camille Castro, The Wagner Law Group White Paper, December 18, 2025
The Internal Revenue Service has issued Notice 2026-5 which provides guidance in the form of Q&As on the changes to Health Savings Account (“HSA”) requirements under the One, Big, Beautiful Bill Act (“OBBBA”). The OBBBA expands access to HSAs by making the...
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...