The Supreme Court will be ruling on an issue likely to have a major impact on 401(k) plan litigation- whether plaintiffs must plead a meaningful benchmark when challenging plan investments as imprudent. Regardless of how the Court rules, fiduciaries should be prepared to defend their benchmarks used in investment review and communications.
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The Supreme Court doesn’t issue a lot of ERISA opinions, but when it does, the pension community pays attention. In its recent decision in Cunningham v. Cornell University, the Court made it easier to sue all plans using third party service providers.
Read MoreA 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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