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This court proceeds from the unstated assumption that all investments which take ESG considerations into account are improper, even when they are related to financial performance. This is just one lower court decision, but what does it mean for plan fiduciaries?
Read MoreAll members of a controlled group are liable under ERISA for plan termination and withdrawal liability, but in practice, it isn’t easy to get jurisdiction over foreign members.
Read MoreMost ERISA lawsuits don’t get to trial, but a recent decision in a 401(k) fiduciary breach lawsuit shows that fiduciaries who follow prudent processes can win.
Read MoreNo federal law guarantees restoration of a participant’s account if it is stolen by a cyberthief. ERISA and state law might provide remedies if a participant can establish breach of fiduciary duty or negligence, but plan sponsors and the government can do more to deal with this problem.
Read MoreA lawsuit challenging the divestment of fossil fuel investments by three New York City pension plans puts a spotlight on the need to follow good fiduciary processes.
Read MoreSteps for Plan Sponsors to Limit Liability
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