Benefits Litigation UpdateA Publication from Epstein Becker Green and The ERISA Industry Committee

Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary components:

  1. Featured Articles addresses trends or topics currently being discussed in the benefits community which (i) explain why the topic is important, (ii) explain the impact of the topic on the reader, and (iii) propose some action that should be considered in response;
  2. Summaries of Pending Litigation involving important benefits topics;
  3. Noteworthy Developments addresses current issues that may impact employer plans; and
  4. Select Case Summaries involving noteworthy decisions in benefits litigation.

ERIC will hold a conference call discussing cases addressed in this issue on Thursday, December 1, 2016, from 2:00 to 3:30 pm EST.

ERIC members and trial members can register for the call by clicking here. If you are a prospective member and would like to participate in the call, please contact ERIC at (202) 789-1400 or by email at


The Goldilocks Paradox for Defined Contribution Plans:
How Will Plan Sponsors Determine Whether
Investment Alternatives Offered Are “Just Right”?


Standing to Sue: An Update


Wit v. United Behavioral Health: ERISA Class Action Certified Challenging Behavioral Health TPA’s Administration of Mental Health Benefits

Defining the Scope of ERISA Preemption: Understanding SIIA v. Snyder in a Post-Gobeille World

White v. Chevron: Plan Fiduciaries Continue to Be Scrutinized

Employers Offering Their Own Proprietary Funds Under Their 401(k) Plans at Heightened Risk for Litigation

EEOC Loses Another Wellness Plan Voluntariness Challenge But Prevails on Its ADA Safe Harbor Argument


Equitable Estoppel Theory Scores Rare Win For Participant: Deschamps v. Bridgestone Americans, Inc. Salaried Employees Retirement Plan

Mergers, Acquisitions, And Benefit Plans: Hunter v. Berkshire Hathaway, Inc.

Ninth Circuit Eyes Outside Medical Reviewers “Skeptically”

Read the full Update here.

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