Is Data the Next Frontier in ERISA Litigation?

Alan Iverson

Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries—e.g., participants’ age, marital status, personal assets, medical and prescription drug claim data, and medical history. Although the Health Insurance Portability & Accountability Act (“HIPAA”) regulates treatment of protected health information,...