A three-judge panel concluded that a precedent-setting appellate decision which held that ERISA claims are not arbitrable is “no longer good law” in light of interim Supreme Court...
In July, the IRS proposed regulations that would provide an exception, if certain requirements are met, to the application of the “unified plan rule,” what the industry refers...
The “Automatic IRA Act of 2019” would require employers that do not provide another qualified retirement plan and that have more than 10 employees to enroll workers automatically...
The bottom line was, “Absent extraordinary circumstances, ERISA’s duty of prudence requires an ESOP fiduciary to publicly disclose inside information only when the securities laws require such disclosure.”
Does an individual’s failure to cash a retirement plan distribution check permit her to exclude the amount of the designated distribution from her gross income in that year?
Attorneys for the defense in Kennis vs. Metropolitan West say their victory in district court could be a turning point in a trend of securities litigation that emerged...
The lawsuit, alleging the act that created the program is preempted by ERISA, was filed less than a year after the Trump administration and Congress cancelled an ERISA...
A federal court judge found Metropolitan West Asset Management, LLC charged a reasonable fee for a fund it advises, considering the services it provides and risks it takes...
Despite a market “teeming with better-performing alternatives,” the plaintiffs say, Walgreen selected the Northern Trust Funds, which already had a history of poor performance.
A new IRS private letter ruling essentially conforms the tax treatment of properly structured advisory fees from non-qualified annuity contracts to those paid out of qualified accounts, which typically...
As a general rule, “Doe pleading” is disfavored in federal court. However, the practice is not entirely forbidden, particularly where the identities of alleged defendants are unknown.
New York’s expanded “best interest” standard took effect on August 1st for annuity contracts and will take effect February 1, 2020, for life insurance policies. In a new...
Among other things, a federal court judge found the director of benefits at Kaleida Health and the retirement plan committee of its 403(b) and 401(k) plans were fiduciaries.