“Full Disclosure: Tenth Circuit Highlights ERISA’s Document Disclosure Requirements,” Employee Relations Law Journal
In an article for Employee Relations Law Journal, Partner Joseph Torres and Associates George Allan and Emma O’Connor examine a recent decision by the US Court of Appeals for the Tenth Circuit, which serves as a useful reminder of some of the pitfalls of failing to comply with ERISA’s disclosure requirements. They discuss statutory and regulatory disclosure requirements, and a recent Tenth Circuit decision, M. S. v. Premera Blue Cross.
“A plan can opt to disclose certain information without waiving its position as to whether the document falls withing ERISA’s disclosure obligations,” the authors write. “But as ERISA plans become more complicated both in design and administration, plans and their administrators need to carefully evaluate their disclosure obligations and make sure they have a process for how such requests are evaluated and addressed. Prudent plan administration demands nothing less.”
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
In an article for Employee Relations Law Journal, Partner Joseph Torres and Associates George Allan and Emma O’Connor examine a recent decision by the US Court of Appeals for the Tenth Circuit, which serves as a useful reminder of some of the pitfalls of failing to comply with ERISA’s disclosure requirements. They discuss statutory and regulatory disclosure requirements, and a recent Tenth Circuit decision, M. S. v. Premera Blue Cross.
“A plan can opt to disclose certain information without waiving its position as to whether the document falls withing ERISA’s disclosure obligations,” the authors write. “But as ERISA plans become more complicated both in design and administration, plans and their administrators need to carefully evaluate their disclosure obligations and make sure they have a process for how such requests are evaluated and addressed. Prudent plan administration demands nothing less.”
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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