Supreme Court: Cunningham v. Cornell
The recent Supreme Court ruling in Cunningham et al v. Cornell University, Case No. 23-1007 (April 17, 2025)(“Cunningham”) addresses the pleading standard in any suit regarding a prohibited transaction claim.
Mental Health Parity Enforcement Freeze
On September 9, 2024, the U.S. Departments of Health and Human Services (HHS), Labor, and theTreasury released new final rules implementing the Mental Health Parity and Addiction Equity
Health and Welfare Trust Fund Developments
This memorandum concerns legal updates that apply to health and welfare trust fundclients. A brief summary of the changes, effective dates and the potential future action by theTrump Administration is below
SECURE 2.0 Developments
On December 20, 2023, the IRS issued Notice 2024-2 providing guidance with respect to certain provisions ofthe SECURE 2.0 Act of 2022 (“Act”) in the form of questions and answers regarding certain sections of the Act.
ESG, ETI and Proxy Voting
On December 1, 2022, the U.S. Department of Labor (“DOL”) issued Prudence and Loyalty in SelectingPlan Investments and Exercising Shareholder Rights, 87 Fed. Reg. 73,822, final regulations (“2022 DOL Reg.”) regarding the use of environmental, social and governmental (“ESG”) considerations and economically targeted investments (“ETI”) by ERISA plans as well as proxy voting. These final […]
Legal Advisory Bulletin re Gender Dysphoria
In recent years more attention has been paid to transgender considerations and benefit plan coverage for gender dysphoria treatments, including gender affirmation surgery. While many plans have historically excluded gender dysphoria treatments, plans should now reconsider recent legislation and court decisions and determine whether coverage of gender dysphoria treatments is now warranted. Additionally, even if […]
No Surprises Act
On December 27, 2020, the President signed the Consolidated Appropriations Act (“Act”) which is intended to further respond to the pandemic. The Act also includes provisions impacting health plans from protection from surprise medical bills to ensuring mental health parity and health plan price transparency.
No Gag Clause: Transparency
On February 23, 2023, the DOL, HHS, and Treasury (“Departments”) released FAQs about Affordable CareAct and Consolidated Appropriations Act, 2021 Implementation Part 57 (“FAQs 57”).
Monitoring Investments and Fees
This memorandum follows our February 16, 2022 memorandum which reported on the Supreme Courtruling in Hughes v. Northwestern University, 2022 U.S. Lexis 622, 142 S.Ct. 737 (Jan. 24, 2022) (“Hughes”). In Hughes, the plaintiffs, plan participants, alleged that the Trustees violated their duty of prudence1 by offering needlessly expensive investment options and paying excessive recordkeeping […]
Electronic Disclosures by Retirement Plans
Yes, a retirement plan (but not a health plan) may provide electronic disclosures but with qualification.