The Department of Labor’s (“DOL”) Employee Benefits Security Administration recently issued Pooled Employer Plans: Big Plans for Small Businesses, which contains interpretive guidance that seeks to encourage the establishment and adoption of pooled employer plans (“PEPs”) by demonstrating how DOL currently believes that PEPs can minimize employers’ fiduciary risks.  The

In a closely watched ERISA case, the United States District Court for the District of Colorado has issued an order affirming the Magistrate Judge’s ruling in Harrison v. Envision Management Holding, Inc. Board of Directors et al (Case No. 21-cv-00304), concerning the discoverability of Department of Labor (“DOL”) interview reports plaintiffs had obtained under a

Recent Decision Places Spotlight on Coordination Between DOL and Plaintiffs’ Firms

Defending ERISA claims against an enterprising plaintiffs’ bar is challenging enough. That task becomes even more challenging when the Department of Labor (“DOL”) is working behind the scenes to support private-sector litigants.  For example, the DOL has the power to issue subpoenas for documents