BOOKS

EMPLOYEE BENEFITS LAW
Employee Benefits Law, Third Edition
Jeffrey Lewis, Myron D. Rumeld, and Ivelisse
Berio LeBeau, Co-Chairs, Board of Senior Editors
Ivelisse Berio LeBeau, Editor-in-Chief (2014
Cumulative Supplement)
Employee Benefits Committee, ABA Section of
Labor and Employment Law
Decided cases, legislation, regulations, and
guidance issued by federal agencies.
Employee Benefits Law, Third Edition offers detailed, annotated coverage
of Employee Retirement Income Security Act (ERISA) Titles I and IV; rules of tax
qualification, deductibility, and other key tax issues; preemption, with regard to
ERISA and medical malpractice and related claims; benefit claims, with regard to
evidentiary issues and abuse of discretion in denials; interplay with related legal
areas; and effects of sexual orientation and veteran status on benefits.
The treatise covers important Supreme Court cases such as CIGNA Corp. v.
Amara, Conkright v. Frommert, and Hardt v. Reliance Standard Life Insurance
Co., as well as the Patient Protection and Affordable Care Act, the Health Care
and Education Reconciliation Act of 2010, and subsequent legislation.
The Third Edition also includes a thorough discussion of the law governing
breach of fiduciary duty and prohibited transaction claims, including commonly
litigated areas such as employer securities, service provider fees, and fiduciary
misrepresentations. It offers comprehensive analysis of the complex topic of
ERISA preemption.
SUPPLEMENT INFORMATION >>>
The 2014 Cumulative Supplement covers the following:
• The effect of IRS guidance in the wake of the Supreme Court’s
decision in U.S. v. Windsor, on benefits for same sex spouses in
employee benefit plans
• The Supreme Court’s holding in Fifth Third Bancorp v. Dudenhoeffer
that ESOP fiduciaries are not entitled to a presumption of prudence
when allowing a plan to purchase or hold employer stock
• Agency and regulatory guidance on the Affordable Care Act employer
shared-responsibility tax, effective beginning in 2015
• Agency and regulatory guidance on Affordable Care Act requirements
for employee health plan design and operation
SUMMARY OF CONTENTS
Chapter 1. Brief History of the Regulation
of Employee Benefits
Chapter 2. The Employee Retirement
Income Security Act of 1974: Nature,
Coverage, and Statutory Structure
Chapter 3. Administration and
Enforcement
Chapter 4. Reporting and Disclosure
Chapter 5. Regulation of Qualified
Retirement Income Plans Generally
Chapter 6. Regulation of Specialized
Types of Retirement Income Plans
Chapter 7. Tax Treatment of Welfare
Benefit Plans
Chapter 8. Regulation of Employee
Health Care Benefit Plans
Chapter 9. Plan Insurance and Plan
Termination
Chapter 10. Fiduciary Responsibility
Chapter 11. ERISA Preemption and Effect
on Other Laws
Chapter 12. Civil Practice and Procedure
Chapter 13. Benefit Claims
Chapter 14. Liability Issues Unique to
Welfare Plans
Chapter 15. Employment Discrimination
and Employee Benefits
Chapter 16. Issues Unique to Jointly
Administered Plans
Chapter 17. Multiemployer Plan
Withdrawal Liability
Chapter 18. Collective Bargaining and
Employee Benefits
Chapter 19. Criminal Enforcement and
Civil RICO
Chapter 20. Ethics, Privilege, and Related
Concerns Unique to the Practice of
Benefits Law
Table of Cases
Table of ERISA Sections
Table of IRC Sections
Topical Index
Jeffrey Lewis is a shareholder and managing attorney in Lewis, Feinberg, Lee, Renaker &
Jackson, P.C., Oakland, CA.
Myron D. Rumeld is co-chair of the Employee Benefits, Executive Compensation &
ERISA Litigation Practice Center of Proskauer Rose LLP, New York, NY.
Ivelisse Berio LeBeau is Of Counsel, Sugarman & Susskind, P.A., Miami, FL.
2012/1,942 pp. Hardcover with 2014 Cumulative Supplement
Order #9468P/$700.00
2014 Cumulative Supplement alone/ISBN 978-1-61746-468-3
Order #2468/$330.00
Supplement History: Fall 2013 Supplement, $305.00/Spring 2013 Supplement, $295.00
See Bundled Order #8233, 8300, 8456, 8608, and 8733 on order form for best value.
New Cumulative Supplement Due Fall 2015.
www.bna.com/bnabooks/ebl
Call Bloomberg BNA at 800.960.1220 for your free 30-day review.
NEW EDITION!
ERISA Litigation, Fifth Edition
By Jayne E. Zanglein, Lawrence A. Frolik, and
Susan J. Stabile
The essential guide to litigating ERISA cases.
This treatise supplies complete analysis by the authors
and numerous chapter contributors of the issues in
heavily litigated ERISA areas including: standard of
review, preemption, fiduciary duties, pension plan
investments, and retiree welfare benefits, as well as of
cutting-edge problem areas such as privacy, contingent workers, managed care,
and RICO.
The Fifth Edition contains three new chapters (Affordable Care Act, Disability
Benefits, and Insured Benefits) and major revisions to chapters addressing topics
such as: remedies, standard of review, jury trials, standing, enumerated parties,
discovery, exhaustion of remedies, COBRA, interference with protected rights,
managed care, ESOPs and 401(k) plans, and delinquent contributions.
The new edition covers Supreme Court cases including: Windsor (DOMA),
Hobby Lobby (contraceptive coverage), McCutchen (equitable remedies),
Heimeshoff (statute of limitations), Fifth Third Bancorp (stock drop case), and
Atlantic Marine Construction (forum selection clauses), as well as ongoing
developments in the wake of Amara (remedies).
SUMMARY OF CONTENTS
Part I. Procedural Issues
Chapter 1. Welfare Plans
Chapter 2. Pension Plans
Chapter 3. Plans Excluded From
ERISA Coverage
Chapter 4. Causes of Action
Chapter 5. Preemption and Removal
Chapter 6. Enumerated Parties
Chapter 7. Standing
Chapter 8. Derivative and
Other Standing
Chapter 9. Potential Defendants
Chapter 10. Remedies
Chapter 11. Preliminary Relief
Chapter 12. Statutes of Limitations
Chapter 13. Exhaustion of Remedies
Chapter 14. Subject Matter Jurisdiction
Chapter 15. Service of Process
Chapter 16. Venue
Chapter 17. Personal Jurisdiction
Chapter 18. Jury Trials
Chapter 19. Attorneys’ Fees
Chapter 20. Standard of Review for
Adverse Benefit Determinations
Chapter 21. Pretrial Discovery in ERISA
Benefits Cases
Chapter 22. Attorney-Client Privilege and
Work Product Doctrine
Chapter 23. Class Actions
Part II. Pension, Medical, and Other
Benefits
Chapter 24. The Affordable Care Act and
ERISA Litigation
Chapter 25. Wrongful Denial of Benefits
Chapter 26. Disability Benefit Claims
Chapter 27. Insurance Benefits
Chapter 28. Managed Care Litigation
Chapter 29. COBRA Litigation
Chapter 30. Spousal Rights
Chapter 31. Retiree Welfare Benefits
Part III. Issues Unique to Pension
Plans
Chapter 32. Defined Benefit Plan
Investments
Chapter 33. Amendment and Termination
of Pension Plans
Chapter 34. Fees and Expenses Litigation
in Defined Contribution Plans
Part IV. Discrimination
Chapter 35. Executive Compensation
Litigation
Chapter 36. Contingent Workers and
Employee Benefits
Chapter 37. Interference With Protected
Rights
Chapter 38. Age Discrimination in
Employee Benefits
Part V. Fiduciary Duties and Remedies
Chapter 39. Violation of Fiduciary Duty by
Misrepresentation and Nondisclosure
Chapter 40. Estoppel as a Basis for
Recovery for Misrepresentation
Chapter 41. Fiduciary Duties Regarding
401(k) and ESOP Investments in
Employer Stock
Chapter 42. Civil RICO
Part VI. Multiemployer Plans
Chapter 43. Delinquency Actions
Chapter 44. Special Rules for
Multiemployer Plans
Jayne E. Zanglein teaches law and public policy at Western Carolina University. Previously
she served as Provost of the National Labor College and was the J. Hadley Edgar Professor
of Law at Texas Tech University School of Law.
Lawrence A. Frolik teaches law at the University of Pittsburgh School of Law, Pittsburgh, PA.
Susan J. Stabile is Professor of Law and Faculty Fellow for Spiritual Life at the University of
St. Thomas School of Law.
2014/1,682 pp. Hardcover/ISBN 978-1-61746-474-4
Order #2474/$520.00
See Bundled Order #8300, 8456, 8508, 8541, 8608, 8733, and 8801 on order form for
best value.
New Supplement Due Winter 2015.
www.bna.com/bnabooks/elit
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