5/12/2026 4:51:34 PM Assistant Secretary of Labor Discusses EBSA’s Efforts to Restore Regulatory and Litigation Balance, Including as to ESOPs By Andrew Salek-Raham Larry Blocho On May 8, 2026, Assistant Secretary of Labor Daniel Aronowitz delivered remarks at The ESOP Association’s National Conference in...
5/12/2026 4:51:07 PM 401(k) Plan Defendants Prevail on Forfeiture Claim at Bench Trial By Andrew Salek-Raham Larry Blocho A federal district court issued a mid-trial ruling in favor of the defendants regarding their use of forfeitures in Stephan v. Trader...
4/16/2026 12:59:56 PM EBSA Issues Guidance Signaling Continued Shift in ESOP Regulatory Environment By Lars Golumbic Andrew Salek-Raham Larry Blocho On April 14, 2026, the Employee Benefits Security Administration (“EBSA”) issued Field Assistance Bulletin (“FAB”) No. 2026-01. The new...
3/31/2026 2:11:25 AM ESOP Sponsor & Trustee Defeat Novel Releveraging Lawsuit By Lars Golumbic Andrew Salek-Raham Larry Blocho A federal court granted summary judgment to all defendants in Shipp v. Central States Manufacturing, Inc., No. 5:23-cv-05215 (W.D. Ark.),...
2/5/2026 2:36:09 PM Second Tobacco Premium Surcharge Case Dismissed By Kara Petteway Wheatley On February 3, 2026, a federal court in Missouri granted a motion to dismiss a tobacco premium surcharge lawsuit. This is the second time...
1/14/2026 4:03:40 PM Supplemental Benefits Are The New Target For Excessive Fee Lawsuits By Christine Keller Viv Hunter Plaintiffs’ attorneys who bring excessive fee class action lawsuits under ERISA have found a new target – supplemental benefits, such as...
1/8/2026 2:51:56 PM ESOP Non-Company Stock Suit Reaches Appeals Court By Andrew Salek-Raham Lawrence Brett Several cases have been filed challenging the investment decisions concerning non-company stock assets held in employee stock ownership...
9/18/2025 7:45:11 PM A Noteworthy Top Hat Decision By Lou Mazawey A recent Eleventh Circuit decision is worth noting for employers that sponsor SERPS and other “top hat” plans that provide annuity and...
9/8/2025 8:28:24 PM Tobacco Surcharge Class Action Litigation Risks Continue By Viv Hunter Kara Petteway Wheatley Plaintiffs have filed more than 40 lawsuits against employer health plans that impose a tobacco surcharge. We anticipate that plaintiffs...
8/29/2025 9:36:36 PM The Million Dollar Payout for COBRA Notices By Viv Hunter Kara Petteway Wheatley The statutory penalty for COBRA notice violations can easily add up in light of ERISA’s statutory penalties of up to $110/day per...
8/28/2025 6:47:31 PM Braidwood Sent Back to District Court By Katie Amin The Fifth Circuit sent Braidwood back to the District court to address “compelling—and largely unrebutted—arguments that the Secretary’s...