Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Jay Jensen

Jay Jensen is an associate in the Labor Department and a member of the Employee Benefits & Executive Compensation Group.

Prior to joining Proskauer, Jay served as a staff attorney in the Tulane University Office of the General Counsel, advising the university on a broad range of legal issues, including labor and employment, non-profit law and taxation, regulatory compliance, data privacy, and general business transactions.

Jay earned his J.D. from Tulane Law School, where he trained as a student attorney in the Civil Rights and Federal Practice Clinic and received best speaker and brief awards competing in appellate moot court.

Before attending law school, Jay completed a graduate degree in Humanities and taught interdisciplinary college courses.

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Fifth Circuit Rules that DOL Advisory Opinion Is Subject to Judicial Review and Invalidates DOL Advisory Opinion on Health Insurance

By Myron Rumeld, Tulio Chirinos and Jay Jensen on August 26, 2022 Posted in Department of Labor

On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a Department of Labor (“DOL”) advisory opinion, which found that an insurance plan was not governed by ERISA, was unenforceable under the Administrative Procedure Act (“APA”). In doing so, the court ruled that the DOL advisory opinion constituted a “final … Continue Reading

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