The ERISA Litigation Newsletter - November 2016

Editor's Overview

This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the circuits as to whether plans will be permitted to participate as class members in a securities settlement, although the conflict can be altogether averted through careful drafting of the class definition.

In the Rulings, Filings, and Settlements of Interest section, we review the IRS's extension of the distribution deadline for ACA reporting and the continuation of the good faith compliance standard that was in effect for the first year of ACA reporting; the first ruling denying a challenge to the DOL's conflict of interest rule and related exemptions; the impact of the election on the ACA; an Oregon state court's treatment of the federal slayer rule; and the AARP's suit to block the EEOC's final rules on employee wellness