As fiduciary liability cases wind their way from the initial trial to appeals, they are often subject to analysis from outside parties. Policy think tanks, large plan providers, and other entities who will be impacted by the outcome of the case like to review and sometimes even submit comments regarding the impacts of a particular decision one way or the other on the part of the courts. Sun Capital Partners III, Read More

Plan fiduciaries have numerous responsibilities under the law when administering programs and handling participant funds and benefits, including the responsibility to make sure the technology they choose to use is secure. A cybersecurity breach, especially one that exposes personal identification information (PII) or leads to a loss of funds, can create significant liability for the plan. Who is Legally Read More

Written by Anne Tyler Hall and Eric Schillinger The impact of the 2019 Novel Coronavirus (or “COVID-19”) has been widespread in the U.S. over the last month, and the implications to employer-provided benefits are no exception. As explained in more detail below, those implications include, among others, recently issued Federal and State guidance regarding COVID-19 diagnosis and treatment cost-sharing relief (and Read More

A recent case argued in the Eighth Circuit, Rutledge v. Pharmaceutical Care Management Association, brings up questions of the extent to which ERISA preempts state law.  In Arkansas, the Pharmacy Benefit Managers (PBMs) are regulated by state statute, but the question in Rutledge is whether this statute is preempted by ERISA. While Arkansas law requires PBMs to reimburse pharmacies for a generic drug at a rate that Read More

A controlled group is a group of businesses that have common control by ownership.  The most common form of this arrangement is a parent company that owns 80 percent or more of the subsidiary company.  One or more of these relationships form a controlled group. Just as there can be multiple subsidiaries there can also be multiple, but common, parent companies. Defining the Controlled Group While the 80% control Read More

The SECURE Act, which was signed into law in December 2019, includes major changes impacting retirement plans. Paying attention to the long-term needs and goals of constituents is always a top priority for legislators, so there are a number of further pieces of litigation currently on the table to continue to modify and improve the laws and regulations concerning retirement savings. Automatic Enrollment Safe Read More

A recent lawsuit argued in the federal appeals court for the Southern District of New York handed a win to plan fiduciaries on a prudence and breach of loyalty claim lawsuit. In the case, Patterson v. Morgan Stanley, the court dismissed an appeal filed by Morgan Stanley stating that, contrary to Plaintiff’s claims, ERISA “does not require clairvoyance on the part of  plan fiduciaries, nor does it countenance Read More

The 2017 Tax Cuts and Jobs Act (TCJA) added a 21% excise tax on “excess” executive compensation paid by tax-exempt organizations to certain employees. It is the organization, not the employee, that is responsible for paying this tax. Because this tax applies to individuals who are generally highly compensated, this can be a significant tax burden for organizations. However, there are some strategies organizations can Read More

Many businesses use Employee Stock Ownership Plans (ESOPs) to incentivize employees and as a succession planning tool for owners as they look to turn the business they created into a successful and thriving affair without selling it off to another company. ESOPs are governed, in part, under ERISA regulations. As with all ERISA-governed benefits plans, the role and responsibilities of the fiduciary are Read More

Any time the economy is growing, it’s important to consider and plan for the next economic slowdown. When exactly this will occur is something that experts debate, and opinions vary from industry to industry, but planning for lean years during the good years is always wise, especially in the area of executive compensation. Planning creates a smooth path and ensures that executives and management team members are Read More