ERISA Litigation Roundup: The DOL Determines That Audio Recordings Must Be Produced Under ERISA’s Claim Regulations

On June 14, 2021, the Department of Labor (DOL) issued an information letter stating that plan fiduciaries have a duty under ERISA’s claim regulations to produce upon request recordings or transcripts of phone calls between benefit claimants and plan representatives regarding their benefit claims. The DOL letter is a call for plan administrators to revisit and potentially refine their processes for recording and storing such conversations.

For the full alert, visit the Faegre Drinker website.

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About Author: Emily Kile-Maxwell

Emily Kile-Maxwell litigates complex commercial and employee benefits (ERISA) disputes through all phases of litigation, including on appeal. Emily represents commercial clients, benefit plans and plan fiduciaries, third-party administrators, and insurance companies in disputes and litigation, and also advises clients on benefit claim administration, plan administration and plan design. View all posts by and

About Author: Kimberly Jones

Kimberly Jones advocates for clients in a broad range of ERISA-related matters in federal courts throughout the country. She is co-leader of the firm’s ERISA litigation team, and a member of the benefits and executive compensation practice group. View all posts by and

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