Clarissa A. Kang

New Wave of Retirement Fee Litigation: The University 403(b) Lawsuits

CLARISSA A. KANG, January 2017   The fiduciaries of retirement plans for 12 major universities have been hit with coordinated lawsuits asserting breaches of fiduciary duty arising from allegedly excessive fees for administrative and investment management services, imprudent selection and monitoring of recordkeepers and investment options, underperforming plan investment options, and a “paralyzing” array of […]

Department of Labor Proposes Update to Disability Benefit Claims Regulations

CLARISSA A. KANG, November 2015 — On November 18, 2015, the Department of Labor (“DOL”) published proposed regulations to update plans’ internal claims and appeals procedures for determining disability benefit claims. The proposal is meant to bring in line the adjudication of disability benefit claims with claims and appeals procedures for non-grandfathered group health plans […]

Must Benefit Denial Letters Inform Claimants of a Plan’s Time Limit for Bringing a Lawsuit?

CLARISSA A. KANG, September 2015 — “Yes,” says the U.S. Court of Appeals for the Third Circuit. The Third Circuit in Mirza v. Insurance Administrator of America, Inc., et al. recently held that a plan administrator violated section 503 of the Employee Retirement Income Security Act of 1974 (“ERISA”) for failing to disclose in a […]

A New Approach to Abuse of Discretion Review

ALYSSA OHANIAN and CLARISSA KANG, September 2014 — The Ninth Circuit Court of Appeals recently applied a searching analysis under the abuse of discretion standard of review — one that takes into account all circumstances and will not uphold denial simply if there is a single reasonable basis to deny benefits — even where there […]