New Edition! ERISA: Department of Labor Investigations and Litigation

PLI Press is proud to announce the publication of the new edition of ERISA: Department of Labor Investigations and Litigation.

This book is both a reference guide to the Department of Labor’s regula­tions and informal guidance and a resource for the Department’s views on ER­ISA fiduciary responsibilities as expressed in litigation.  As much of the Department’s enforcement and litigation has focused on pension plans, so does this book, along with an overview of health plan investigations, enforcement, and litigation. It also discusses the Department’s criminal enforcement program and the impact of the fiduciary rule on the financial services industry and related litigation.

Some of the changes to the 2022 edition include:

  • Missing participant investigations: A new section discusses EBSA’s Terminated Vested Participant or missing participant national project and the Fiduciary Investigations Program (see §6:1.6[B]).
  • Mental health parity enforcement and Nondiscriminatory wellness programs: New sections discuss a) federal statutes that require parity in employer-sponsored group health plans’ coverage for mental health and substance use disorders with coverage for medical conditions (see §7:4); and b) an area of EBSA’s enforcement activities focused on compliance with the Department’s regulations for nondiscriminatory wellness programs (see §7:7).
  • Dudenhoeffer “more harm than good” standard: An expanded discussion is provided of Retirement Plans Committee of IBM v. Jander, a case involving whether a prudent ESOP fiduciary could conclude that disclosing confidential information when disclosure is not required by the securities laws would do “more harm than good” (see §10:3.2[A]).
  • ESG and ETI investments: A new section discusses the evolution of the Department’s approach to whether non-pecuniary factors can be considered in making investment decisions for pension plans (see §15:1.3).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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