
When Attorney-Client Privilege Applies Under ERISA
If communications concern plan assets, they may be discoverable during litigation.

AT&T Receives Industry Backing in 2017 Excessive Fee Case
ERIC, CIEBA, SPARK and ABC submitted an amicus brief on behalf of the firm’s retirement plan.

Are You Ready for Class Action Health Care Plan Fee Litigation?

May Climate Funds Be Used in DC Plan Menus?
Yes, as long as they don’t come at the cost of participants’ investment outcomes, according to Wagner Law Group.

DOL Beats ForUsAll Crypto Suit
A federal court ruled there was no legal basis for complaints challenging the DOL’s compliance bulletin cautioning use of cryptocurrency in retirement plans.

Another BlackRock TDF ERISA Challenge is Dismissed
An ERISA lawsuit alleging TDF underperformance by the asset manager for Cisco 401(k) participants has been dismissed.

Lawsuit Would Block Missouri’s Anti-ESG Advising Rule
Requiring registered advisers to follow state-level ESG disclosure rules violates federal law, according to SIFMA’s lawsuit.

Live Nation 401(k) Plan Escapes Class Suit, Moves to Arbitration
A federal judge in California ruled for Live Nation in a motion to move the case to arbitration.

ERISA Complaint Against AT&T Returned for Review by Appeals Court
A complaint alleging AT&T’s benefits committee failed to properly report brokerage commission paid to Fidelity has been remanded back to the district court.

New 401(k) Litigators Use ‘More Credible’ Tactics in First Half of ‘23
Euclid Fiduciary’s mid-year litigation report finds fewer filings, as plaintiff law firms catch up on ’22, but new entrants using more accurate fee and service benchmarking.

Pension Risk Transfers in No Need of Overhaul, Insurance Executives Say
Minor changes, such as requiring pensions to consider cybersecurity before selecting an annuity provider, could be positive, however.

The PLANADVISER Interview: Tina Anstett, Senior ERISA Counsel, Smart
A senior counsel who consults on ERISA fiduciary issues and IRS and DOL audits discusses the state of artificial intelligence regulation in the retirement plan business.

EBSA Mulls Modifying PRT Rules
Many stakeholders advised the DOL on how to change fiduciary standards for annuity provider selection.

Industry Group Says Roth Catch-Ups Too Burdensome for 2024
SECURE 2.0 rules expanding catch-up contributions into a Roth source will be a huge undertaking for sponsors and recordkeepers.

ERISA Advisory Council Highlights Trends in Pension Risk Transfers
PRTs are trending upward, but their relationship with private equity and non-traditional investments is drawing more scrutiny.

Verizon Settles 401(k) Complaint for $30M
The agreement is still pending court approval but would end 7-year court case.

Twitter Hit With $500M Suit for Unpaid Severance
The proposed class action alleges Elon Musk promised to abide by the firm’s severance plan but did not follow through.

Wake Forest Baptist Health Settles 403(b) Suit for $3.8M
The plaintiffs filed an unopposed settlement after “hard-fought” negotiations.

The Question Stands

Anti-ESG Bill Would Require Only Pecuniary Factors to Be Considered
Kentucky Representative Andy Barr introduced a bill aimed at returning investment regulations to a Trump-era standard.