INSIGHTS
Plan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.
Read More
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?.
Read More
Here are some developments that could change things for the better in 2024.
Read More
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.
Read More
Should courts second guess public pension plan investment decisions? This motion to dismiss points out that participants’ benefits are affected by specific investments.
Read More
Most 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 More
We invite you to join us on 9/7 for answers to your questions about fiduciary liability insurance.
Read More
Universities have been targeted in excessive fee lawsuits. Many have resulted in costly setlements, but good practices can help.
Read More
No 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 More
Two recently introduced bills would restrict or discourage classes of retirement plan investments. Is this the right policy?
Read More
A 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 More
ESG investments are a minefield in the current political environment. A new lawsuit filed against American Airlines and its fiduciaries tries to target all ESG investments as imprudent.
Read More
In this article published May 24, 2023 by Law360, ERISA attorney Jeff Mamorsky explores the history of ERISA and why the underpinnings of ERISA are more important than ever.
Read More