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I. Introduction After a delay of almost eight years from the date that the SEC is authorized under the Dodd-Frank Act to provide for fiduciary standards for broker-dealers and investment advisers, the SEC, by a 4-1 vote, issued a detailed set of proposed rules in...
In Frye v. Metropolitan Life Insurance Co., a federal district court in Arkansas has held that an employee is entitled to proceeds from dependent life and accidental death and dismemberment (AD&D) insurance policies, despite the fact that her son was ineligible...
In Wolf v. Lowe's Companies, Inc., a federal district court in Texas dismissed a former employee's Americans with Disabilities Act ("ADA") Family and Medical Leave Act ("FMLA") discrimination claims due to the employee's chronic, excessive attendance issues and poor...
New Wagner Law partner to head new Lincoln office - Wicked Local, April 11, 2018
At the IRS, does anyone really read Form 990s, 990-EZs, and 990-PFs? Interestingly, the first level reader is apparently not a human . . . but an IRS computer. Those who prepare 990 filings should take notice because their mistakes could trigger an IRS audit. The IRS...
In Castor v. AT&T Umbrella Plan No. 3, the Sixth Circuit rejected an employee's claim that the administrator for her employer's disability plan had violated the DOL's claims procedure regulations by having her appeal reviewed by several doctors, including the same...
In Castor v. AT&T Umbrella Plan No. 3, the Sixth Circuit rejected an employee's claim that the administrator for her employer's disability plan had violated the DOL's claims procedure regulations by having her appeal reviewed by several doctors, including the same...
The Fifth Circuit Court of Appeals, in Ariana v. Humana Health Plan of Texas, has held that the "de novo" standard of review applies to ERISA denial of benefits claims involving challenges to a legal interpretation of plan provisions and factual determinations about...
The viability of the DOL's Fiduciary Rule and related exemptions was put in some doubt yesterday by a Court of Appeals decision that "vacate[s] the Fiduciary Rule in toto." The U.S. Court of Appeals for the Fifth Circuit, in U.S. Chamber of Commerce v. United States...
10 Ways to Protect Against Sexual Harassment in the Workplace - David Gabor, Think Advisor, March 15, 2018