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Supreme Court Rules That “Single Honest Mistake” Does Not Justify Stripping Administrator Of Judicial Deference
The Latest Uncertainty in Benefit Claim Litigation – The Proper Scope of Conflict Discovery After Glenn
ERISA’s Exhaustion of Administrative Remedies Requirement: An Effective Tool to Defeating Class Certification
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Title IV Basics

Groom
May 4, 2010

DOL Issues Proposed Investment Advice Regulations

Alston + Bird
May 3, 2010

Please see our Hot Topics for more on this subject.

ERISA’s Revised Schedule C: Many Tentacles and Lots of Ink

Stroock
April 27, 2010

Military Relief Under the HEART Act:: Year-End Plan Amendments Needed

Groom
April 27, 2010

Supreme Court's Decision Strengthens Deference Afforded to ERISA Plan Administrators

Ballard Spahr
April 27, 2010

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Supreme Court Rules on Level of Deference Afforded to ERISA Plan Administrators

Sidley Austin
April 26, 2010

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The Supreme Court Requires Deference to Plan Administrator’s Interpretation of ERISA Plan Notwithstanding Administrator’s Prior Invalid Interpretation

Simpson Thacher
April 23, 2010

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Supreme Court Decides Conkright v. Frommer

Faegre & Benson
April 23, 2010

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Supreme Court Decision in Conkright v. Frommert

Groom
April 23, 2010

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US Supreme Court Releases Opinion in Conkright v. Frommert

Mayer Brown
April 22, 2010

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Supreme Court Endorses Governing Standard for Mutual Fund Fees Cases Under Investment Company Act: An ERISA Perspective

Morgan Lewis
April 22, 2010

Please see our Hot Topics for more on Jones v Harris.

Supreme Court Expands Deference Applicable to ERISA Plan Administrators [Conkright v Frommert]

Proskauer
April 21, 2010

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IRS 401(k) Compliance Checklist Coming Soon

Groom
April 6, 2010

April 30 Deadline Approaches for Restatement of IRS Pre-Approved Plans

McGuireWoods
April 5, 2010

Supreme Court Agrees to Hear ERISA Attorney's Fee Case involving "Prevailing Party" Status [Hardt v Reliance Standard Life Insurance Co]

Nixon Peabody
From Bender’s Labor & Employment Bulletin
April 5, 2010

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Principal 401(k) Rollover Lawsuit - Court Denies Class Certification, Rejects Arguments that Principal Was a Fiduciary [Walsh v. Principal Life Ins. Co]

Groom
April 1, 2010

Allocating "Basis" in Partial and Split Rollovers – Can We Still Rely on Code Section 402(c)(2)?

Groom
March 29, 2010

The Supreme Court Adopts the Gartenberg Standard to Determine Whether an Investment Adviser Breached its Fiduciary Duty in Approving Fees

Simpson Thacher
March 31, 2010

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Important Changes to Form 5500 Filing Requirements

Venable
March 2010

ERISA 401(k) Plan Proprietary Fund Claims Dismissed in Part [Leber v. Citigroup, Inc]

Sutherland
March 23, 2010

Proposed Rules on Investment Advice Exemption for 401(k) Plans and IRAs

Sidley Austin
March 24, 2010

Please see our Hot Topics for more on this subject.

PBGC Regulations May Affect Credit and Other Agreements

Dorsey & Whitney
March 23, 2010

April 30th Deadline for Prototype and Volume Submitter Plans

Latham & Watkins
Benefits and Compensation Update
March 18, 2010

ERISA Litigation Update

Goodwin Procter
March 19, 2010
In this Issue:

Recent Settlements In 401(k) Fees Cases
District Court Dismisses ERISA Claims Relating to Losses in Citigroup Stock Fund
Controversy Continues Regarding the Scope of Section 404(c) Protection
MetLife v. Glenn: 18 Months Later

A Potential New Compliance Regime for Broker-Dealers? [California Placement Agent Regs]

Squire Sanders
March 19, 2010

Restated Prototype Plan Deadline April 30, 2010

Jackson Walker
March 17, 2010

Department of Labor Expands Annual Reporting Requirements for Service Provider Compensation

Mayer Brown
March 17, 2010

Schedule C: Disclosing and Documenting Eligible Indirect Compensation

Faegre & Benson
March 17, 2010

Important April 30, 2010 Deadline for Employers Who Have Adopted Pre-Approved Retirement Plans

Venable
March 16, 2010

DOL "Re-Proposes" Investment Advice Rules; Eliminates Class Exemption

White & Case
March 16, 2010

Please see our Hot Topics for more on this subject.

Schedule C of the 2009 Form 5500—Checklist for Plan Administrators

Mayer Brown
March 12, 2010

DOL Publishes Guidance on 401(k) Plan and IRA Investment Advice

McGuireWoods
March 12, 2010

Please see our Hot Topics for more on this subject.

Hartford Fee Lawsuit - Court Grants Preliminary Approval of Settlement

Groom Law Group
March 11, 2010

Department of Labor Supplements 403(b) Annuity Plan Guidance for Tax-Exempt Entities: Where Does Your Plan Stand?

EpsteinBeckerGreen
March 11, 2010

Please see our Hot Topics for more on this subject.

Department of Labor Proposes New Rules on 401(k) Plan Investment Advice

Pillsbury
March 10, 2010

Please see our Hot Topics for more on this subject.

Changes to Form 5500 Process Require Plan Sponsor Attention

Troutman Sanders
March 10, 2010

Providing Individual Investment Advice Under Participant-Directed Plans – DOL Issues New Proposed Regulations

Drinker Biddle
March 10, 2010

Please see our Hot Topics for more on this subject.

DOL Proposes Revamped Rule on Investment Advice

K+L Gates
March 9, 2010

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Employment/Human Resources Sub-Menu

•	Aggregated Employment Law/HR Alerts (ie All Alerts)
•	Compensation & Benefits
•	Employee Litigation
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•	Executive Mobility & Global Migration
•	Workplace Compliance Issues
•	International
•	Option (& Other Employee Equity) Plans
•	Outsourcing
•	Pensions & ERISA
•	Union Issues
•	News & Blogs

Hot Topics: Employment/Human Resources

New & Proposed Legislation/Regulation
•	The HIRE Act
•	DOL's "Plan, Prevent, Protect" Compliance Program
•	Health Care Reform: All Employer-related Alerts
•	Health Care Reform: Group Health Plans
•	Health Care Reform: Nursing Mothers
•	Health Care Reform: Adult Children
•	Increased Scrutiny on Internships
•	IRS's Employment Audits & Employee/Contractor Misclassification Initiatives
•	EEOC Proposes Regulation Defining “Reasonable Factors Other Than Age” Defense under ADEA
•	IRS's Final Regulations For Employee Stock Purchase Plans
•	FMLA Overhaul
•	DHS Shifts Prosecution Focus From Illegal Workers To Their Employers
•	Lily Ledbetter & Paycheck Fairness Acts
•	Amendments to Children’s Health Insurance Program (CHIP)
•	Employee Free Choice Act
•	Mental Health Parity Act
•	Genetic Information & Nondiscrimination Act (GINA)
•	The Americans With Disabilities Act (ADA & ADAAA)
•	Amended COBRA & Extended Health Care Benefits
•	DOL's Model Notices for COBRA
•	Worker, Retiree, and Employer Recovery Act of 2008
•	Visa Waiver Program & ESTA
•	E-Verify Rules
•	Trio (now Quartet) of Labor Orders For Federal Contractors
•	DHS's "No Match" Rules
•	IRS's Rule 409A: Deferred Compensation
Employee Litigation
•	Granite Rock Co. v. Intl Brotherhood of Teamsters
•	Lewis v City of Chicago & Timing of EEOC Disparate Impact Claims
•	Dukes v Wal-Mart: 9th Circuit Certifies Discrimination Class Action
•	Quon & Fourth Amendment Rights in a Communication Age
•	Ricci v DeStefano & Reverse Discrimination
•	9th Circuit's Van Asdale on S-Ox Whistleblower Claims
•	Gross v FBL: Supreme Court Requires "But For" Causation in Age Discrimination Cases
•	Hulteen: Pregnancy Discrimination Act Not Retroactive
•	Crawford & Retaliation under Title VII
•	14 Penn Plaza: Arbitration Requirement in CBA Upheld
•	Register-Guard v. NLRB: NLRB Wrong About Union E-mails
•	Huston v Procter Gamble: Senior Management & Liability for Sexual Harassment
•	Starbucks and the Pooling of Employee Tips
•	Does Two Member NLRB Have Authority to Issue Orders?
•	EEOC: Wellness Programs Can Violate ADA
•	Edwards v Arthur Anderson: Non-Competes in California
•	Golden Gate & San Francisco's "Pay or Play" Ordinance
•	Sullivan v Oracle: Reach of California Labor Code
•	Brinker, California & Meal Periods
•	*Indemnification of Directors (Schoon, Levy* & Others)**
•	Solis v Summit: OSHA's General Contractor Liability
The Crisis
•	Underwater Options
•	Workforce Reductions
•	EEOC Issues Guidance on Separation Agreements
•	RIFS & "Partial Plan Terminations"
•	Outsourcing & The Crisis
Pensions & ERISA
•	Hardt v Reliance Standard & Rules for Attorney's Fees under ERISA
•	IRS's 401(k) Compliance Questionnaires
•	Target Funds
•	Conkright v. Frommert & Deference to ERISA Plan Administrators
•	Roth IRA Conversion Opportunity
•	DOL OKs Use Of Summary Prospectus For 401(k) Participants
•	IRS's New Model 402(f) Notices & Safe Harbor Language
•	IRS Allows 401(k) Sponsors to Suspend/Reduce Safe Harbor Non-Elective Contributions
•	ERISA & Exemptions to Investment Advice Regulation
•	The Ex-Spouse Kennedy & ERISA Rights
•	Deere, ERISA & Plan Fees
•	DOL's Model Funding Notice & Guidance for Defined Benefit Plans
•	ISO and ESPP: Annual Notice & Disclosure
•	IRS's Section 403(b) & Tax-Deferred Annuity Plans
•	Section 162(m) Plans
Key State Developments
•	The Arizona Immigration Law
•	Zakrzewska v. The New School: Strict Liability for NY Managers as to Harassment Claims
•	Schachter v Citigroup: California Court Upholds Terms of Voluntary Equity Plan
•	Hernandez v. Hillsides: Guidance on Workplace Surveillance
•	*New Jersey's Stengart* & The Ownership of E-mails**
•	New York's "Broadcast Employees Fredom to Work Act"
•	NY WARN Act
•	New York's Written Notice of Pay Requirements
•	New York's Criminal Background Check/Hiring Rules
•	California's Computer-Professional Exemption
Miscellaneous
•	The New NLRB
•	Garden Leave Clauses
•	H1N1: Getting Ready