Call Us Today 617-357-5200
Sophisticated Legal Solutions Boutique-Style Service
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the “but for” legal standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims. Law. The FMLA entitles eligible employees to take up to 12 weeks’ unpaid leave: (i) for...
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by, among other things, failing to consider whether Fidelity’s compensation...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
The U.S. Court of Appeals for the Tenth Circuit, in Ian C. v. UnitedHealthcare Ins. Co., has ruled that a group health plan violated ERISA’s claims procedures by failing to separately evaluate each “independent ground for coverage.” Facts. The son of a group health...
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
By Barry Salkin, Michael Schloss and Mark Greenstein Recently, several class action lawsuits have been filed challenging the permissibility of plan language providing discretion as to how forfeitures should be used. These suits allege that the plan fiduciaries...
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
The U.S. Department of Health and Human Services (“HHS”) has announced the proposed maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2025. The OOP limits are based on estimates of employer-sponsored insurance...