ERISA

Navigating Complex Legal Waters: Corporate Counsel Adapt to ERISA Scrutiny, Data Privacy Challenges, and ESG Pressures

Pieter Gunst03 mins

As corporate legal departments navigate an increasingly complex landscape, a notable trend in litigation has emerged, focusing on alleged violations of the Employee Retirement Income Security Act (ERISA). Several cases have surfaced, accusing employers and their insurance brokers of failing to comply with ERISA regulations. This trend aligns with broader shifts in employment law, reflecting…

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Supreme Court to Deliberate on Benchmarks in Retirement Fund Litigation: Implications for Employers and Employees

Pieter Gunst04 mins

A legal conundrum awaiting the U.S. Supreme Court could alter the landscape of retirement planning for more than 100 million Americans. The case, Anderson v. Intel Corporation Investment Policy Committee, which revolves around employer-sponsored retirement plans governed by the Employee Retirement Income Security Act (ERISA), is set to decide whether litigation burden could dissuade employers…

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Analyzing Defamation Law’s Dynamics: High-Profile Cases Involving Tyra Banks, E. Jean Carroll, and Others

Pieter Gunst03 mins

This month’s legal landscape features several notable defamation cases, capturing attention in various industries. A focal point is Tyra Banks’ lawsuit targeting a Netflix docuseries that allegedly misrepresented aspects of her renowned modeling competition, “America’s Next Top Model.” The legal confrontation underscores the delicate balance between creative expression and factual representation in documentary filmmaking. Further…

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Supreme Court Clarifies Actuarial Standards for Multi-Employer Pension Plans Under ERISA

Pieter Gunst03 mins

In a significant ruling, the United States Supreme Court has addressed how actuaries should handle calculations for employers withdrawing from multi-employer pension plans. The case, M&K Employee Solutions v. Trustees of the IAM National Pension Fund, hinged on whether the Employee Retirement Income Security Act of 1974 (ERISA) necessitates using outdated economic assumptions when determining…

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Supreme Court’s Shadow Docket Faces Transparency Reforms Under New Legislation

Pieter Gunst03 mins

In an effort to provide greater transparency and accountability within the Supreme Court’s operations, Rep. Jamie Raskin, a Democrat from Maryland, has proposed legislative reforms targeting the “shadow docket.” This term refers to the Court’s expedited and often non-transparent procedures in issuing emergency orders without public legal justification. The proposed legislation aims to change that…

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Higher Education Institutions Urged to Reassess 403(b) Retirement Plans Amid ERISA Lawsuits

Pieter Gunst03 mins

The landscape of retirement planning in higher education, particularly regarding 403(b) plans, faces scrutiny as recent ERISA litigation highlights the potential vulnerabilities these plans bear. Educational institutions are increasingly compelled to reassess their offerings to ensure compliance and participant satisfaction. The litigation serves as a wake-up call for colleges and universities, emphasizing the need for…

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The Growing Role of AI in Employer Health Plans: Challenges and Opportunities for Fiduciaries

Pieter Gunst03 mins

The implementation of artificial intelligence in employer group health plans is prompting significant shifts for fiduciaries managing these plans. As AI technology continues to advance, its integration into health systems offers promising efficiencies but also raises complex legal challenges. A key concern is ensuring compliance with the Employee Retirement Income Security Act (ERISA), which mandates…

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ERISA Dispute Deepens: Former Husch Blackwell Partner Seeks Extended Discovery in Employee Benefits Case

Pieter Gunst02 mins

In a recent development in the ongoing ERISA dispute, a former partner at Husch Blackwell LLP has requested that a Missouri federal court deny the firm’s motion for summary judgment. The attorney argues that the case, centered on employee retirement benefits, requires further discovery to proceed effectively. This pushback is part of a proposed class…

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Supreme Court to Consider Pivotal Cases on Pension Eligibility, Confession Legality, and Immigration Judges’ Free Speech

Pieter Gunst03 mins

“`html The United States Supreme Court is set to deliberate on several intriguing cases, ranging from pension fund eligibility to issues of federal district court jurisdiction over pre-enforcement challenges, signaling potential shifts in significant areas of law. One of the cases under scrutiny examines whether a multiemployer pension plan, specifically involving the Bakery Drivers Local…

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AI and ERISA: Navigating Legal Complexities in Employee Retirement Management

Pieter Gunst03 mins

The advent of artificial intelligence in managing employee retirement plans has brought both innovations and potential legal challenges, particularly concerning compliance with the Employee Retirement Income Security Act (ERISA). As AI tools gain popularity for their ability to handle vast datasets and identify trends that human fiduciaries might miss, these technologies also introduce new complexities…

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Holland & Knight Expands ERISA Expertise with Strategic Partner Addition from Katten Muchin Rosenman

Pieter Gunst02 mins

Holland & Knight LLP has made a strategic addition to its team by hiring a former partner from Katten Muchin Rosenman LLP. This new hire specializes in the Employee Retirement Income Security Act (ERISA), employee benefits, and executive compensation, enhancing Holland & Knight’s capabilities in these areas. According to a report by Law360, the move…

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Holland & Knight Strengthens New York Office with Benefits Lawyer Katrina Selengut Amid Rising Demand for Expertise

Pieter Gunst03 mins

Holland & Knight has announced the addition of benefits lawyer Katrina Selengut to its New York office, a strategic move to bolster its expertise in employee benefits and executive compensation. Selengut, a seasoned professional in her field, previously worked at Katten Muchin Rosenman LLP. Her transition to Holland & Knight marks a significant step in…

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Department of Labor Clarifies Guidelines on Including Alternative Assets in 401(k) Plans

Pieter Gunst03 mins

The Department of Labor (DOL) has provided guidelines to ease the path for 401(k) fiduciaries considering alternative assets, aiming to clarify the bounds within which these investments can be included in retirement plans. These guidelines are designed to help fiduciaries better understand how alternative investments, such as private equity, can be incorporated into plans responsibly….

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Cigna 401(k) Fiduciary Case Advances Amid Supreme Court Deliberations on ERISA Standards

Pieter Gunst03 mins

Cigna Corp. faces continued legal scrutiny over its 401(k) management practices, as the US Supreme Court deliberates on the standards for fiduciary duty in retirement plan management. Despite Cigna’s efforts to pause the lawsuit, a federal judge has ruled the case will proceed while the high court’s decision is pending. This legal battle underscores the…

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Navigating Recordkeeper Security Guarantees: A Fiduciary Dilemma for Retirement Plan Sponsors Under ERISA

Pieter Gunst04 mins

In the rapidly evolving landscape of retirement plan management, recordkeeper security guarantees are emerging as a potential source of liability for plan sponsors. As cyber threats become increasingly sophisticated, recordkeepers offer these guarantees to protect client data. However, such offerings might pose significant risks, particularly concerning fiduciary duties under the Employee Retirement Income Security Act…

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Legal Battle Over Private Equity Inclusion in 401(k) Plans Poses Major Implications for Retirement Savings

Pieter Gunst03 mins

The landscape of investment options within 401(k) plans is under scrutiny as new legal battles emerge over the inclusion of private equity assets. A prominent lawyer is championing a fight that could reshape the future of retirement savings. This battle highlights the complex intersection of employee benefits law and fiduciary duties, raising questions about the…

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American Airlines’ ESG 401(k) Case Highlights Growing Legal Tensions Over Fiduciary Duties

Pieter Gunst03 mins

In a noteworthy legal development, the litigation surrounding American Airlines’ 401(k) plan and its inclusion of Environmental, Social, and Governance (ESG) investments has culminated in a $4.6 million fee for the involved attorneys. This fee emerges from a settlement in a case scrutinizing the fiduciary responsibility of the airline concerning its employees’ retirement savings and…

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Increased ERISA Scrutiny Mandates Enhanced Fiduciary Documentation and Compliance Practices

Pieter Gunst04 mins

As courts intensify their examination of fiduciary processes under the Employee Retirement Income Security Act (ERISA), legal professionals must brace for increased scrutiny concerning how retirement plans are managed. Recent decisions underscore the necessity for fiduciaries to meticulously document their decision-making processes and maintain compliance with ERISA standards. The stakes have been raised following several…

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Cedars-Sinai Settles $2.97 Million ERISA Lawsuit Over Retirement Plan Management

Pieter Gunst03 mins

Cedars-Sinai Medical Center has received judicial approval for a $2.97 million settlement concerning allegations related to its retirement plan management. The accord resolves claims that the medical center failed in its fiduciary duties under the Employee Retirement Income Security Act (ERISA) by engaging in imprudent practices surrounding the administration of 403(b) plans offered to its…

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Major Law Firms Face Lawsuit Over Alleged Misleading Securities Advice and Compliance Failures

Pieter Gunst03 mins

A recent lawsuit filed in the U.S. District Court for the Western District of Missouri alleges that prominent law firms Husch Blackwell, Morrison & Foerster, and Nelson Mullins provided misleading advice to a venture capital firm regarding securities law compliance. The suit claims that the firms’ guidance led to significant financial losses for the plaintiff….

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Supreme Court Weighs Modernizing Actuarial Assumptions in Multiemployer Pension Plans Case

Pieter Gunst03 mins

During Tuesday’s proceedings in the case of M&K Employee Solutions v Trustees of the IAM National Pension Fund, the U.S. Supreme Court justices exhibited skepticism about mandating actuaries to adhere to outdated assumptions for assessing liabilities in multiemployer pension plans. This case involves multiemployer pension plans, which contrast significantly with the more common defined-contribution plans…

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Supreme Court Breaks Relist Logjam, Advances Key Cases on Pesticides, ERISA, and Privacy

Pieter Gunst04 mins

The U.S. Supreme Court’s recent session saw significant developments as the court issued rulings on several long-pending cases, effectively resolving the persistent and complex hold known as the “relist logjam.” As reported by SCOTUSblog, the Court granted certiorari to four notable cases, all one-time relists, in its final conference of the October 2025-26 term. Among…

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Federal Court Challenges Arbitration Clauses in ESOP Valuation Dispute, Setting Potential Precedent for ERISA Cases

Pieter Gunst03 mins

In a pivotal decision, the Eleventh Circuit Court of Appeals has affirmed a lower court’s ruling, refusing to enforce an individual arbitration clause in a lawsuit concerning the alleged undervaluation of shares within a legal technology company’s employee stock ownership plan (ESOP). This judgment, highlighted in Law360, underscores the judiciary’s scrutiny over arbitration provisions that…

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