The House Education and the Workforce Committee's Health,
Employment, Labor, and Pensions subcommittee was critical of the
U.S. Department of Labor's (DOL) Employee Benefits Security
Administration (EBSA) divulging certain information to
plaintiffs' attorneys during a recent oversight meeting. EBSA
reportedly shared information concerning enforcement investigations
with attorneys representing benefits plan participants. EBSA
primarily enforces the Employee Retirement Income Security Act
(ERISA), which regulates most employer-provided benefits
plans.
Former EBSA chief Ali Khawar, who left the agency in January,
and Lars Golumbic, principal at Groom Law Group, testified before
the subcommittee. Golumbic explained the use of “common
interest agreements” that the DOL uses to share information
with interested parties. When some of these agreements appeared in
discovery during pending ERISA class action litigation, defense
attorneys brought them to the attention of the
