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Beware of the “Overshare”: Construe Requests for ERISA Plan Documents Narrowly!

December 2, 2019

By Sarah Touzalin and Mark Casciari Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents. A recent decision from the Court of Appeals for the Fifth Circuit supports providing only those documents that fall under a narrow reading of ERISA Section 104(b)(4). Over-production could serve to facilitate litigation. Section 104(b)(4) of ERISA requires that plan administrators provide certain plan documents to a participant or beneficiary (or…

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No Partnership, No Common Control, No Withdrawal Liability: Private Equity Funds Not Liable for Portfolio Company’s Multiemployer Plan Withdrawal Liability

By Seyfarth Shaw LLP

November 27, 2019

By Ryan Tzeng, Jessica Stricklin, and Alan Cabral Seyfarth Synopsis: The First Circuit reversed a district court’s ruling holding two Sun Capital private equity (PE) funds responsible for the withdrawal liability incurred by a bankrupt portfolio company. The Circuit Court found that because the two PE funds were not acting in partnership with each other, neither was responsible for the portfolio company’s withdrawal liability, and vacated an award of nearly $9.4 million to…

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You Can Save More in Your 401(k) in 2020

By Seyfarth Shaw LLP

November 6, 2019

By Sarah Touzalin and Richard G. Schwartz Seyfarth Synopsis: Many of the limitations that apply to tax-qualified plans, including 401(k) plans, are subject to cost-of-living increases. The IRS just announced the 2020 limits. 401(k) plan contribution limits are increasing, so check your elections starting in 2020. Employers maintaining tax-qualified retirement plans will need to make the necessary adjustments to the plans’ administrative/operational procedures and participant notices (e.g., safe harbor notice). This morning the IRS announced the…

Beneficially Yours

The Trump Administration Wants You to Know, Guidance is NOT Law!

By Seyfarth Shaw LLP

October 31, 2019

By Manleen Singh and Mark Casciari Seyfarth Synopsis: Two new Executive Orders and a corresponding decision in the Supreme Court effectively limit how agencies can utilize guidance against private parties—the agency must rely only on guidance that is fully consistent with the governing statute. Employee benefit lawyers, including employee benefit litigators, have historically been inclined to rely on federal agency guidance that does not technically have the force of law. Lawyers have followed this practice…

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Welcome to the 21st Century—The DOL Proposes Changes to Antiquated Electronic Disclosure Rules under ERISA

By Seyfarth Shaw LLP

October 25, 2019

By Christina Cerasale, Kelly Rourke, and Richard G. Schwartz Seyfarth Synopsis: The Department of Labor (“DOL”) just issued proposed rule changes governing the disclosure of ERISA-required notices via an electronic format (e.g., emails, intranet sites, etc.). These proposed rules update final regulations issued by the DOL in 2002, which given the pace at which employers and employees were then transitioning to the use of computers and the internet as the principal means of…

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ERISA Preemption — The Courts of Appeal Continue to Rule As They Await Further Supreme Court Attempts To Define, Once and for All, Its Limiting Principles

By Seyfarth Shaw LLP

October 23, 2019

By Mark Casciari and Ian Morrison Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court preemption decisions. The federal Employee Retirement Income Security Act (ERISA) has been effective, as a general matter, since 1974. Its section 514 preempts state laws that “relate to” ERISA plans. The United States Supreme Court…

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Stunning Development — The Ninth Circuit Enforces an ERISA Plan Arbitration and Class Action Waiver Provision

By Seyfarth Shaw LLP

October 15, 2019

By Michael W. Stevens, Jonathan A. Braunstein and Mark Casciari Seyfarth Synopsis: Reversing course and overruling previous precedent, the Court of Appeals for the Ninth Circuit now holds that ERISA plan mandatory arbitration and class action waiver provisions are enforceable, and can require individualized arbitration of claims for breach of fiduciary duties. In Dorman v. Charles Schwab Corp., No. 18-15281, 934 F.3d 1107 and 2019 WL 3939644 (Aug. 20, 2019), the Ninth Circuit reversed…

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To Disclose Or Not During ERISA Administrative Review — The Fourth Circuit Weighs In With An Affirmative Answer

By Seyfarth Shaw LLP & Seyfarth Shaw LLP

October 2, 2019

By: Jon Karelitz and Mark Casciari Synopsis: A recent 4th Circuit decision reiterates the importance of aligning a plan fiduciary’s administrative claim and appeal review process with the standards for a “full and fair review” under U.S. Department of Labor regulations, including disclosing all documents considered in the course of determining a claim (absent compelling reasons not to). In Odle vs. UMWA 1974 Pension Plan, the Court of Appeals for the Fourth Circuit reversed a…

Beneficially Yours

The Intersection of Alleged HIPAA Violations and State Negligence Law

By Seyfarth Shaw LLP

September 24, 2019

By: Mark Casciari and Joy Sellstrom Seyfarth Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal statute providing for confidentiality of medical records under certain circumstances. It is administered by the federal Department of Health and Human Services (HHS), which can extract substantial fines for non-compliance. Although HIPAA does…

Beneficially Yours

The Check is in the Mail—Or Not

By Seyfarth Shaw LLP

September 12, 2019

By Diane Dygert and Richard Schwartz Seyfarth Synopsis: The IRS recently issued somewhat helpful guidance to plan administrators on what to do about the constant problem of uncashed benefit checks from qualified retirement plans. The initial excitement upon hearing the news, however, was quickly met with disappointment as the realization set in that the guidance was limited. For more background on this IRS Revenue Ruling, click on our client alert. For now, suffice it…

Beneficially Yours

Blog Authors

Beware of the “Overshare”: Construe Requests for ERISA Plan Documents Narrowly!

No Partnership, No Common Control, No Withdrawal Liability: Private Equity Funds Not Liable for Portfolio Company’s Multiemployer Plan Withdrawal Liability

You Can Save More in Your 401(k) in 2020

The Trump Administration Wants You to Know, Guidance is NOT Law!

Welcome to the 21st Century—The DOL Proposes Changes to Antiquated Electronic Disclosure Rules under ERISA

ERISA Preemption — The Courts of Appeal Continue to Rule As They Await Further Supreme Court Attempts To Define, Once and for All, Its Limiting Principles

Stunning Development — The Ninth Circuit Enforces an ERISA Plan Arbitration and Class Action Waiver Provision

To Disclose Or Not During ERISA Administrative Review — The Fourth Circuit Weighs In With An Affirmative Answer

The Intersection of Alleged HIPAA Violations and State Negligence Law

The Check is in the Mail—Or Not

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