Publications

Ninth Circuit Court of Appeals Revives Two 401(k) Fee Cases, Potentially Making It More Difficult for Plan Fiduciaries to Obtain Early Dismissal

 DYLAN RUDOLPH and CLARISSA KANG, April 21, 2022  In a rather surprising move, the Ninth Circuit Court of Appeals issued two short decisions within the span of a week, which reversed lower court dismissals in 401(k) fee cases brought against Salesforce.com, Inc. and Trader Joe’s Company. A motion to dismiss challenges the quality of a […]

Texas District Court Vacates Part of New IDR Rule for Surprise Medical Billing

 JENNIFER WONG, March 31, 2022  On February 23, 2022, the U.S. District Court for the Eastern District of Texas vacated certain provisions of the interim final regulations (IFR) which the tri-agency Departments of Labor, Health and Human Services, and Treasury (the “Departments”) issued pursuant to the surprise medical billing rules under the No Surprises Act […]

Tri-Agencies Provide Additional At-Home COVID-19 Testing Coverage Guidance

RYAN KADEVARI and JENNIFER TRUONG, February 22, 2022  On February 4, 2022, the Departments of Labor, Health and Human Services (HHS), and the Treasury (collectively, the Departments) released additional guidance concerning group health plan and health insurance coverage of over-the-counter COVID-19 diagnostic tests (“OTC Tests”). The guidance complements an initial set of FAQs previously issued […]

Missing Participants: The Search Continues

JOELLE TAVAN, February 22, 2022  For a number of years, the Employee Benefit Security Administration (EBSA), the Department of Labor (DOL)’s branch responsible for administering and enforcing the fiduciary, reporting, and disclosure provisions of Title I of the Employee Retirement Income Security Act of 1974 (ERISA), has made missing plan participants one of its key […]

Long-Anticipated Supreme Court Decision on Excessive Fee Pleadings Standards Sends Case Back to the Seventh Circuit — Hughes v. Northwestern University

ANGEL L. GARRETT and CATHERINE L. REAGAN, February 4, 2022  With 401(k) plan excessive fee litigation sweeping the nation, the wait is finally over: The Supreme Court has issued a decision which plan fiduciaries anticipated might revolutionize excessive fee case pleading standards — Hughes v. Northwestern University.1 On January 24, 2022, the Supreme Court held […]

Health Plans and Insurers Required to Cover At-Home COVID Tests

MARY E. POWELL, January 11, 2022  On January 10, 2022, the Departments of Labor, Health and Human Services, and Treasury (the “Departments”) issued FAQs Part 51 (FAQs) regarding the requirement for health plans to cover over-the-counter (OTC) COVID-19 diagnostic testing (“OTC COVID Tests”). This will be required effective with OTC COVID Tests purchased on and after […]