On May 21, 2026, the Supreme Court handed down a unanimous opinion in M & K Employee Solutions v. Trustees of the IAM National Pension Fund, and if you’re an employer who’s ever thought about walking away from an underfunded
A recent excellent New York Times article explains how a change in law first effective in 2022 has quickly come to be used by out-of-network providers to obtain significant overpayments for routine medical procedures. Not stated in the article is
The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently released their 2025 Report to Congress on enforcement activity under the Mental Health Parity and Addiction Equity Act (“MHPAEA”).
Background
MHPAEA is a federal law that
The Department of Labor’s Employee Benefits Security Administration (EBSA) does not frequently issue Field Assistance Bulletins (FABs); in fact, in the last decade, there have only been ten FABs issued. Furthermore, EBSA rarely uses them to articulate an overarching enforcement
On March 30, the Department of Labor (“DOL”) issued its long-anticipated proposed regulation, “Fiduciary Duties in Selecting Designated Investment Alternatives”, that is intended to address the dual aims of (i) expanding 401(k) designated investment alternatives (“DIAs”) to funds
Introduction
Few areas of retirement plan regulation have experienced as much turbulence – or generated as much practical uncertainty for plan sponsors, recordkeepers, and third-party administrators – as the Employee Retirement Income Security Act’s (“ERISA”) definition of an “investment advice
Thanks to SECURE 2.0, paper is back, requiring increased use of the traditional mail system through the United States Postal Service (“USPS”). A recently proposed rule (“Proposed Rule”) from the Department of Labor (“DOL”) “narrowly implements” SECURE 2.0’s mandate requiring
February 2026
On November 26, 2025, the District of New Jersey issued its latest ruling in Lewandowski v. Johnson & Johnson, granting Johnson & Johnson’s motion to dismiss the fiduciary breach claims for lack of Article III standing.
As a
The Department of Labor (DOL or the Department) recently announced its 2026 national enforcement projects, signaling changes in the administration’s enforcement priorities for this fiscal year. The Department identified priorities both with respect to health and welfare plans and retirement
