California Further Tightens Restrictions on Non-Compete Clauses
California Further Tightens Restrictions on Non-Compete Clauses - David Gabor, PLANADVISER, February 9, 2024 (PDF)
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Johnson & Johnson Case Signals Employee Drug Price Suits to Come
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
Agencies Update Non-English Language Requirements
The Departments of Labor and Health and Human Services, and the IRS (“the Agencies”) have issued Frequently Asked Questions About Affordable Care Act (“ACA”) and Consolidated Appropriations Act, 2021 Implementation (“FAQs”) Part 63 updating the requirements for...
California Restricts Non-Compete Agreements
By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent employment. Effective January 1, 2024, California has expanded that...
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 3
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
New Fire for Enforcing Forfeiture-for-Competition Provisions
By Mark Poerio and Jordan Mamorsky The enforceability of non-compete provisions continues to be in the national spotlight. In a very recent Delaware Supreme Court decision, Cantor Fitzgerald, L.P. v. Ainslie, involving a partnership dispute at the investment firm,...
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, for certain health and welfare plan violations. The DOL is required to update civil penalty amounts each year by January 15th to reflect...
SEC Matters to Consider in the New Year: 2024 Exam Priorities and Off-Channel Enforcement Actions
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...
Workers Poised to Get Benefits as Rule Creates ‘Employees’
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
Plan Insurer Held Liable for Failure to Follow Claims Procedures
The U.S. District Court for the District of Utah, in R.E. v. Blue Cross Blue Shield, has ruled that the failure to properly follow ERISA’s claims procedures may result in a reversal of a claims denial and the award of attorney’s fees to the claimant. Law. ERISA...