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Articles by Mark E. Schmidtke
Federal Agencies Clarify Rules for Rewards in Employer-Sponsored Wellness Programs | JD Supra
The federal government released FAQs that confirm employers are not required to retroactively allocate the full reward for a wellness program when an employee completes a reasonable alternative standard. The guidance applies to health-contingent, outcome-based wellness programs. The FAQs provide welcome DOL enforcement relief, but they do not eliminate private litigation risk or resolve all open compliance questions for wellness programs.
Federal Agencies Clarify Rules for Rewards in Employer-Sponsored Wellness Programs
Quick Hits The federal government released FAQs that confirm employers are not required to retroactively allocate the full reward for a wellness program when an employee completes a reasonable alternative standard. The guidance applies to health-contingent, outcome-based wellness programs. The FAQs provide welcome DOL enforcement relief, but they do not eliminate private litigation risk or resolve all open compliance questions for wellness programs.
Do You Really Want To Be An ERISA Fiduciary?
Quick Hits The U.S. District Court for the Northern District of Texas recently ruled that an employer breached a duty of loyalty to plan participants by permitting an investment manager to invest retirement assets in holdings based on nonpecuniary environmental, social, and governance (ESG) factors. A major factor in the case was that the CFO of the employer also acted as the fiduciary overseeing the plan asset investment managers.
Do You Really Want to Be an ERISA Fiduciary? | JD Supra
[co-author: Stephen Park] Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of loyalty/prudence and engagement in prohibited transactions. This follows a string of cases over the years that have expanded the responsibilities of ERISA fiduciaries in the context of the use and investment of retirement plan assets.
Do You Really Want to Be an ERISA Fiduciary?
Quick Hits The U.S. District Court for the Northern District of Texas recently ruled that an employer breached a duty of loyalty to plan participants by permitting an investment manager to invest retirement assets in holdings based on nonpecuniary environmental, social, and governance (ESG) factors. A major factor in the case was that the CFO of the employer also acted as the fiduciary overseeing the plan asset investment managers.
First 100 Days of Tariffs During President Trump's Second Term: Recap & Lessons
Skip to main content May 09, 2025 Volume XV, Number 129 Legal Analysis. Expertly Written. Quickly Found. Trending News First 100 Days of Tariffs During President Trump's Second Term: Recap & Lessons Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard What’s happened? Tariff turbulence best summarizes the first 100 days of President Trump's second term — and dealing with the effects on the U.S. economy is not simple.
Employer Group Sues to Block Mental Health Parity Rules | JD Supra
[co-author: Leah Shepherd] Only weeks after the principal effective date for the final 2024 federal mental health parity rules for employer-sponsored health benefit plans, those rules—and specifically some key features that are frustrating employers—are being challenged as examples of regulatory overreach. Quick Hits A large employer advocacy group sued three federal agencies over their final rules implementing the federal mental health parity law applicable to employer-sponsored health plans.
Employer Group Sues to Block Mental Health Parity Rules
Quick Hits A large employer advocacy group sued three federal agencies over their final rules implementing the federal mental health parity law applicable to employer-sponsored health plans. The industry group argues the federal agencies did not have the authority to create a benefit mandate. The federal agencies have until March 17, 2025, to respond to the complaint. They have argued that the mental health parity rules are not a benefit mandate.
EXPERT INSIGHTS-THE NINTH CIRCUIT SPEAKS OUT ON MENTAL HEALTH PARITY
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The Ninth Circuit Speaks Out On Mental Health Parity
On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“Parity Act”), 29 U.S.C. § 1185a.
The Ninth Circuit Speaks Out on Mental Health Parity | JD Supra
On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“Parity Act”), 29 U.S.C. § 1185a.
The Ninth Circuit Speaks Out on Mental Health Parity
Quick Hits The Ninth Circuit recently set a broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.
Wisconsin Becomes a Hotbed for ERISA Class Action Claims | JD Supra
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
Wisconsin Becomes A Hotbed For ERISA Class Action Claims
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Wisconsin Becomes a Hotbed for ERISA Class Action Claims
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
Retirement Plan Participants And Standing: Supreme Court's New ‘No Harm, No Foul' Ruling
United States: Retirement Plan Participants And Standing: Supreme Court's New ‘No Harm, No Foul' Ruling 11 June 2020 by Mark E. Schmidtke , Madeline Chimento Rea and Thomas M. 'Tom' Christina Ogletree, Deakins, Nash, Smoak & Stewart To print this article, all you need is to be registered or login on Mondaq.com.
Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling | JD Supra
The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution.
Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling
Wednesday, June 3, 2020 The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution.
ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge
October 15, 2019 LIBOR Transition: U.S. Tax Guidance From the IRS by: Martin T Hamilton and Malcolm S. Hochenberg New California Law Attacks Mandatory Arbitration Again … But Is It... by: Scott P. Jang and Samia M. Kirmani TCPA Quick Hitter: Court Bifurcates TCPA Discovery in a Class Action... by: Eric J. Troutman EPA Proposes SNUR for Multiwalled Carbon Nanotubes (Generic) by: Lynn L. Bergeson and Carla N. Hutton On October 14, 2019, The Trump Administration Issued an Executive...
The Beginning of the End for 401(k) Class Actions?
In Dorman v. Charles Schwab Corp., (Aug. 20, 2019), the Ninth Circuit Court of Appeals held that a 401(k) plan participant was required to individually arbitrate his claims regarding the plan's fees and investment options, pursuant to the plan's arbitration provision.
The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Beginning of the End for 401(k) Class Actions? Ninth Circuit Enforces Individual Arbitration
August 29, 2019 The Energizer - Volume 51 by: Buck B. Endemann and Benjamin L. Tejblum Facial Recognition Technology in Use for Air Travelers by: Maggie Murphy Course on Nano-Risk Governance Portal Will Be Held during NanoSafety... by: Lynn L. Bergeson and Carla N. Hutton Giving It Your Best Shot: Maintaining a Compliant Vaccination Program...
Supreme Court to Review ERISA Statute of Limitations Case | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court to Review ERISA Statute of Limitations Case
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District Court in California Denies Motion to Dismiss, Finds an Independent Review Organization to Be a Functional Fiduciary Under ERISA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
District Court in California Denies Motion to Dismiss, Finds an Independent Review Organization to Be a Functional Fiduciary Under ERISA
Friday, June 14, 2019 In Josef K. v.
No Taxation With Religious Invocation: Seventh Circuit’s Decision to Impact Ministerial Employees | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
No Taxation With Religious Invocation: Seventh Circuit’s Decision to Impact Ministerial Employees | Lexology
In Gaylor v. Mnuchin, the Seventh Circuit Court of Appeals recently held that a tax code exemption for religious housing of ministers does not violate the Establishment Clause of the First Amendment of the U.S. Constitution. The decision has a direct impact on religious employers and their ministerial employees as well as a potential impact on secular employers that provide housing allowances for their employees.
Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Eighth Circuit Casts Doubt on Cross-Plan Offsetting for ERISA Health Plans | Lexology
Employers may soon find themselves reviewing and revising health plan master documents and summary plan descriptions (SPDs) and administrative service agreements with respect to an obscure claims administration practice known as “cross-plan offsetting”—following a recent federal appeals court ruling.
Under ERISA, Ignorance Is Bliss in the Ninth Circuit
December 21, 2018 Ex Parte Proceedings Without Defendant Involvement Violate German... by: Dr. Henrik Holzapfel FDA Updates Its Position on CBD upon Signing of Farm Bill by: Ian A. Stewart and Neil M. Willner What To Expect in the Event of a Government Shutdown: An Immigration... by: Melissa Manna December 2018 Potential Government Shutdown and Impact on Immigration... by: Susan J. Cohen Holiday Cheer: Court Denies Certification in TCPA Wrong Number Class...
Is Nothing Sacred? ERISA Attacks Move From Church Plans to Government Plans | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Is Nothing Sacred? ERISA Attacks Move From Church Plans to Government Plans
Thursday, December 20, 2018 Having settled many of its attacks on pension plans sponsored by several large church-affiliated healthcare organizations, the plaintiff’s bar appears to be shifting focus to pension and welfare benefit plans maintained by a healthcare entity that is at least nominally an instrumentality of a state. Specifically, in Shore v.
Ninth Circuit Determines Employment Agreement Does Not Require Arbitration of Certain ERISA Claims | JD Supra
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Ninth Circuit Determines Employment Agreement Does Not Require Arbitration of Certain ERISA Claims
On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under Employee Retirement Income Security Act (ERISA) section 502(a)(2) into arbitration. In the case, the named plaintiffs signed mandatory arbitration agreements as part of their employment. The employees agreed to arbitrate “all claims . . .
DOL Says New Disability Claim Regulations to Apply April 1
The U.S. Department of Labor (DOL) recently announced that the revised Employee Retirement Income Security Act of 1974 (ERISA) disability benefit claim regulations will apply to claims filed on and after April 1, 2018. The amendments were originally slated to be applicable to disability benefit claims filed on or after January 1, 2018, but, in December of 2017, the department delayed the applicability date to April 1, 2018. There will be no further delays.
DOL Says New Disability Claim Regulations to Apply April 1 | JD Supra
The U.S. Department of Labor (DOL) recently announced that the revised Employee Retirement Income Security Act of 1974 (ERISA) disability benefit claim regulations will apply to claims filed on and after April 1, 2018. The amendments were originally slated to be applicable to disability benefit claims filed on or after January 1, 2018, but, in December of 2017, the department delayed the applicability date to April 1, 2018. There will be no further delays.
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