Category: ERISA

Is Data the Next Frontier in ERISA Litigation?


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,...

The “War” Between Out-of-Network Providers and Insurers Spreads Into COVID-19 Territory


ERISA litigators know that a war has been raging between “out-of-network” medical providers, on one hand, and the entities that insure and administer group health plans, on the other (collectively, “Insurers”). For years, out-of-network providers have been suing plans and Insurers claiming they were “underpaid” for their medical services, often to the tune of millions...