Arbitration and Class Action Waivers Upheld in ERISA Plans, but an Industry Shift Toward Arbitration Remains to be Seen
9/26/19
By: Justin Boron
The judicial trend in favor of arbitration and class action waivers continues—this time in employee benefit plans.
Last month, a Ninth Circuit Court of Appeals panel validated an arbitration and class action waiver agreement contained in an …
ERISA Plaintiffs Continue Their Assault on Major Universities, but Every ERISA Fiduciary is Vulnerable
5/15/19
By: John H. Goselin II
Beginning in August 2016, the ERISA Plaintiffs’ Bar launched a concerted attack on more than 20 major universities across the country filing class action lawsuits for alleged violations of ERISA fiduciary duties under ERISA Section …
Don’t Get Bitten… Are You In Compliance With DOL's COBRA Continuation Coverage Election Notice?
8/21/18
By: Pamela Everett
The United States District Court for the Middle District of Florida has certified a class action suit against Marriott International, Inc. for allegations that it failed to provide required notices of eligible terminated employees’ right to continued …
Not Just for Trust Fund Babies Anymore
5/3/18
By: Bryce M. Van De Moere
Even with the existence of the Affordable Care Act, the preferred way to get health benefits is still through your employer. Health insurance packages have become an integral part of employee compensation. As employers …
Has Fiduciary Rule Suffered a Fatal Blow?
4/4/18
By: Theodore C. Peters
The Employee Retirement Income Security Act of 1974 (“ERISA”) defined a “fiduciary” as someone who provides investment advice for a fee. The following year, the U.S. Department of Labor (“DOL”) promulgated regulations that provided a five-part …