As employers begin 2026, a new wave of Employee Retirement Income Security Act (ERISA) litigation is emerging involving voluntary products that serves as an important reminder that accurate Form 5500 reporting, fiduciary best practices, and good governance procedures are important for all ERISA-governed plans. According to Jackson Lewis’s recent article, several newly filed suits allege…
Articles Discussing ERISA.
A New Year and a New Wave of ERISA Litigation
ERISA litigation continues to expand in unprecedented fashion, reshaping the landscape for employers, plan sponsors, and service providers. As we move into 2026, all indications suggest that this trend will accelerate. Four lawsuits filed in late December may represent the beginning of a significant new wave of cases. These four suits, filed by plaintiff’s firm… Continue Reading
Proposed Legislation to Make PBMs ERISA Fiduciaries and Disclose Compensation
Takeaways Related Links Article On December 18, 2025, bipartisan legislation was introduced in the U.S. House of Representatives, following a similar introduction in the U.S. Senate on December 17, 2025, entitled the PBM Fiduciary Accountability, Integrity, and Reform (FAIR) Act. If enacted, the FAIR Act would change significantly how pharmacy benefit managers (PBMs) operate in…
2025 ERISA Litigation: Forfeitures, Investments, Health Plans Take Center Stage
ERISA class action litigation did not let up in 2025. Retirement plan fee litigation – which has dominated for several years – remained steady, with new, or in some cases refined, theories targeting 401(k) forfeitures and stable value fund performance. Additionally, this year saw a boom in litigation surrounding tobacco surcharges and continued litigation concerning… Continue Reading
Supreme Court Shows Interest in ERISA Pleading Standard Circuit Split
Earlier this year, ERISA fiduciary breach defendant Parker-Hannifin filed a petition for a writ of certiorari to the United States Supreme Court that, if
Florida District Court Declines to Expand ERISA Disclosure Requirements
A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with
Not So Fast!: Second Circuit Remanded Out-Of-Network Medical Provider’s Suit Against ERISA Plan
On June 9, 2025, the Second Circuit affirmed the principle that an out-of-network medical provider may not sue for medical benefits allegedly due to its patient under an ERISA-governed plan but remanded to provide the patient an opportunity to move to be substituted as the real party in interest.[1]
Do You Really Want to Be an ERISA Fiduciary?
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
Navigating Increased ERISA Litigation Risk Post-Cunningham: How to Protect Your Plan
Under the Supreme Court’s recent decision in Cunningham v. Cornell University, No. 23-1007 (April 17, 2025), plaintiffs asserting that ERISA plan administrators engaged in prohibited transactions under ERISA Section 406 are not required to plead the inapplicability of statutory exemptions in Section 408.
The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?
The Supreme Court Relieves ERISA Plaintiffs of a Pleading Requirement: What’s Next for ERISA Plan Fiduciaries?
On April 17, 2025, the U.S. Supreme Court issued a decision that dealt a blow to benefit plan fiduciaries nationwide. The Court unanimously held in Cunningham v. Cornell University1 that a plaintiff asserting that
Burden at the Crossroads: Pizarro Paves the Way for Potential Supreme Court Review
Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers
On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk
Ninth Circuit Affirms ERISA Plan Administrator’s Decision, Validates Use of Industry Guidelines and Medical Evidence
On March 5, 2019, Magistrate Judge Joseph C. Spero of the U.S. District Court for the Northern District of California issued his opinion in Wit v. United Behavioral Health, in which he attempted to significantly change how Employee Retirement Income Security Act (ERISA)–governed health plans were administered, particularly third-party administrators’
Cybersecurity Considerations for Employers Sponsoring ERISA Plans
Cyber-criminals often steal funds and personal data from employee benefit plans. Employers face increasing liability for failures in cybersecurity of the employee benefit plans they sponsor, including for the security of plan assets and data managed by service providers. The DOL has updated its detailed guidance on cybersecurity for ERISA-covered
Health Plan Hygiene Part 2: ERISA Fiduciaries – That May Mean You!
The Employee Retirement Income Security Act of 1974 (ERISA) regulates most private employee benefit retirement and welfare plans. This statute’s purview is vast; it governs employer-sponsored defined benefit and defined contribution retirement plans and an array of welfare plans.