INSIGHTS

We share expert insights on executive compensation, retirement plans, fiduciary duties, and more.
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Posts tagged ERISA
Did Empower's Cross-Selling Cross the Line? Why Fiduciaries Should Monitor Recordkeeper Marketing

The SEC has been targeting recordkeeper cross-selling practices, but ERISA has its own restrictions that may be violated when a recordkeeper markets to plan participants. What does a recently filed lawsuit against Empower mean for plan sponsors and committees?

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Presumed Guilty? The Cornell Decision Could Help Rein in Questionable ERISA Litigation

Will common sense prevail? The Supreme Court will be issuing an opinion on what plaintiffs must plead in their complaints in order to claim that plan service arrangements are prohibited transactions. A decision for defendants could rein in fishing expeditions.

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"Disloyal, Not Imprudent": Is the American Airlines Decision Consistent with ERISA?

Jeff Mamorsky provides insights into the recent American Airlines decision on ESG investing from the perspective of his role in the drafting of ERISA.

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Could Have, or Would Have, that is the ERISA Question

Plaintiffs want a retrial to change a jury’s determination that there were no damages from a fiduciary breach involving Yale’s retirement plan. The DOL supports them. Which standard applies?.

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Hidden Advisor Fees: Ninth Circuit and DOL Let the Sunshine In

The fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.

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In the News-Pensions & Investments Quotes Carol Buckmann on Supreme Court Decision

A recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.

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