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ERISA Litigation: What Have We Learned?

Earlier this spring, McDermott Partner Erin Turley delivered a presentation about the impacts of recent Employee Retirement Income Security Act of 1974 (ERISA) litigation. Lawsuits now target both large and small employee benefit plans; plan sponsors are being sued and dragged into complex and lengthy litigation, thus changing the basic economics of the provision of fiduciary liability insurance. In response to these lawsuits, plan sponsors are looking to outsource as much of this fiduciary responsibility and potential liability and exposure as possible.

Access the presentation slides.




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ERIC Files Amicus Brief Rebutting DOL Attempt to Create New Regulations in Lawsuit

McDermott Will & Emery’s Andrew C. Liazos, Michael B. Kimberly and Charlie Seidell recently filed an amicus brief in the US Court of Appeals for the 10th Circuit on behalf of the ERISA Industry Committee (ERIC). McDermott filed the brief in response to a US Department of Labor (DOL) amicus brief that advanced a novel interpretation of its regulations which, if adopted through litigation, would change longstanding procedures for benefit determinations under self-funded medical plans sponsored by large employers. The amicus brief focuses on key arguments against the DOL’s attempted regulatory reinterpretation, including that:

  • DOL may not rewrite its regulations outside of notice-and-comment rulemaking;
  • DOL’s interpretation of its own regulations is inconsistent with the plain text of the regulations;
  • There are good policy reasons underlying differential treatment of healthcare and disability benefits determinations; and
  • DOL’s interpretation of the regulations in its amicus brief is not entitled to deference under the Supreme Court decision in Kisor.

Read ERIC’s amicus brief here.

Read ERIC’s statement here.




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Fridays with Benefits | Improving Your Fiduciary Practices in 2018

Make a New Year’s resolution to improve the fiduciary governance practices for your employee benefit plans. Join McDermott lawyers Brian Tiemann and Finn Pressly for a refresher course on your fiduciary duties, an overview of common pitfalls and best practice tips to keep your plan administration on track in 2018. We will also provide an update on the Department of Labor’s expansion of the fiduciary rule and what the latest extension of the special transition period means for plan sponsors and service providers.

Register here.

Date:     Friday, January 5, 2017

Time:     10:00 – 10:45 am PST

11:00 – 11:45 am MST

12:00 – 12:45 pm CST

1:00 – 1:45 pm EST

Mark your calendars for the first Friday of every month! McDermott’s Employee Benefits Group will be delivering timely topics in our “Fridays With Benefits” monthly webinar series.




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Domestic Partner Developments- A Breakfast Discussion Sponsored by WEB Network

Tuesday, October 25, 2011 (7:30am breakfast and networking, 8:00am program)

Since June 1, 2011, Illinois has recognizee civil unions, and insured employee benefits plans in Illinois must offer a civil union partner the same benefits as offered to an opposite-sex married partner. Other states, like New York, have recently gone further, and offer full recognition of same-sex marriages. Although federal law defines marriage as between only a man and a woman under the Defense of Marriage Act, the federal government now has refused to defend this law, and efforts are underway to repeal this legislation. In the midst of all these changes, what is the status of these developments? What are the market trends and best benefit practices for same-sex partners and domestic partners? Come hear the answers from Todd Solomon, the expert who literally wrote the book on this topic, and from a national employer who has implemented a comprehensive domestic partner benefits strategy and domestic partner tax gross ups.

Speakers:

  • Todd Solomon – Partner, McDermott, Will & Emery, and author Domestic Partner Benefits: An Employer’s Guide.
  • Cathy van Heukelum – Senior Manager, North America HR Operations, Bain & Company, Inc.

Cost Members: $30 Non-members: $50

Contact: Lynne McEvoy
Email: lynne.mcevoy@mcgladrey.com
Phone: 312.634.4490
Website: www.webnetwork.org
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One North Wacker Drive
2nd floor, Mighigan II ballroom
Chicago, IL 60606




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