Brian Bartels, a partner in Kutak Rock’s Omaha office, is quoted in the article “4 Severance Cases Stemming From Musk's X Corp. Takeover” published March 8 in Law360.

The article discusses four lawsuits that have been filed against X Corp. (formerly Twitter) and Elon Musk following his acquisition of Twitter.  Among other things, some of the lawsuits allege various ERISA violations, such as failing to provide plan documents upon written request, interference with protected rights, and breaches of fiduciary duty relating to Twitter’s failure to pay employees severance benefits following the acquisition.  Brian commented that the lawsuits underscore the need for plan fiduciaries to timely respond to plan document requests, follow the terms of the plan document, and build a strong administrative record when denying a claim or appeal.

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Brian leads the firm’s national health and welfare benefits practice. He advises clients across the country on group health plans, wellness programs, cafeteria plans, health savings accounts, health reimbursement arrangements, and other health and welfare plans. Brian regularly counsels clients on mental health parity, No Surprises Act, HIPAA, ERISA, Patient Protection and Affordable Care Act, and COBRA compliance issues. He drafts and negotiates service agreements and business associate agreements for employee benefit plans; prepares plan-related documents, employee communications, and HIPAA policies and procedures; and counsels clients on benefit plan design and administration issues. He assists employers to respond to employer shared responsibility payments under the ACA, as well as inquiries from the Internal Revenue Service and Department of Labor. He also advises clients on employee benefits issues in the context of mergers, acquisitions and divestitures.