When a retirement plan participant files a lawsuit to recover damages from harm due to the plan sponsor’s alleged breach of fiduciary duty, employers and plan administrators must furnish certain plan documents on demand.
While the Employee Retirement Income Security
By Philip Koehler and Anne Hall (January 20, 2022)
Litigation against Employee Retirement Income Security Act retirement and health plan sponsors and administrators has plagued workplace fiduciaries for the last two decades. Then, in 2020, ERISA lawsuits reached unprecedented levels
In early December 2021, a Pennsylvania federal judge referred a dispute over the termination of a biopharmaceutical and former medical cannabis company’s ex-CEO, Raza Bokhari, to arbitration in Canada.
In July 2021, the company, FSD Pharma Inc.(“FSD”), announced that its
There are many emerging issues for fiduciaries of 401(k) and 403(b) plans. These issues include the Department of Labor’s (“DOL”) regulation of ERISA investment duties and ESG considerations, as well as its recently re-proposed rule regarding the same. Compared to
In a coverage dispute between contractors, the Texas Supreme Court questioned how broadly the court should interpret the word “employee” under the Texas Anti-Indemnity Act (“TAIA”). One defendant, a crane company called Maxim Crane Works LPl, urged the court to
On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (the “IIJA”) into law. The President stated that the public would start seeing the infrastructure package’s effects within the next two to three months.
A group of
As December began, the U.S. Department of Labor (“DOL”) proposed a modified formula for calculating minimum wages for agricultural guest workers on H-2A visas. The proposal was necessitated by a federal judge in California striking down a prior proposal in
The Department of Labor (“DOL”) has increased its focus on the cybersecurity practices of plan sponsors and their service providers. As a result, the DOL has started to ask comprehensive cybersecurity questions in plan audits. It seems apparent that the
A Fifth Circuit panel affirmed a $35,000 fine imposed by the Occupational Safety and Health Administration fine against a Texas highway construction business. The split panel found that the business may be held liable for the willful acts of an
In November 2021, a California federal court dismissed a suit claiming that LinkedIn Corp. kept underperforming funds in its $817 million retirement fund. The judge in the case, in re: LinkedIn ERISA Litigation, (5:20-cv-05704), U.S. District Court (N.D. Cal.), U.S.