Tag: ERISA

Federal Courts Still Parsing Prudent Plan Administration

Attorneys with Mayer Brown say there has been little consensus or direction from the federal courts (at least so far) as to what exactly constitutes prudent administration of tax-qualified benefit plans; this will remain a challenge in 2019 and beyond. 

Advisers Play Important Role in Bringing ESG to ERISA Plan Clients

The Department of Labor issued a Field Assistance Bulletin in 2018 that caused some confusion about its true stance with respect to ESG investing inside ERISA plans; investment experts and attorneys say interest remains strong among plan sponsors and participants, nonetheless.

Court Refuses to Dismiss Mutual of Omaha Self-Dealing Suit

The decision against Mutual of Omaha’s preliminary motions to dismiss a self-dealing lawsuit underscores the way district court judges tend to allow for discovery in ERISA matters, given the complex and often secretive nature of the facts and circumstances in question.

9th Circuit Reverses Dismissal of Intel Alternative Investment Suit

The appellate panel concluded that disputes of material fact exist as to the timing of the plaintiff’s actual knowledge of the alleged fiduciary breach, precluding summary judgment for untimely filing; after a detailed discussion of ERISA requirements, the case is remanded for further district court proceedings.

ERISA Litigators Reflect on Lessons Learned in 2018

Lessons learned from district and appellate court decisions filed this year can help plan sponsor clients better protect their plans and fiduciary staff; 2018 also brought new trends in regulatory audits and investigations of advisers.

9th Circuit Upholds Dismissal of Chevron Fiduciary Breach Lawsuit

The appellate court found that the allegations showed only that Chevron could have chosen different vehicles for investment that performed better during the relevant period, or sought lower fees for administration of the fund, not that any breach of ERISA duties had occurred.