Tag: ERISA

Rainbow ESOP Challenge Easily Beats Motions to Dismiss

Plaintiffs in the lawsuit are participants and beneficiaries of the Rainbow Disposal Co., Inc. Employee Stock Ownership Plan, who seek to restore losses to the plan and to otherwise remedy a complicated series of alleged breaches of fiduciary duty.

District Court Sides with Checksmart and Cetera in ERISA Fee Litigation

After siding with defendants and applying the shorter of two potential limitations periods, the district court decision states clearly that plaintiff’s claims are foreclosed by ERISA's three-year statute of limitations; the detailed decision tackles head-on a complex set of precedent-setting cases, including Tibble vs. Edison

Peering Through the Regulatory Kaleidoscope

Spend any significant amount of time in the retirement planning industry and, whatever the role, one will inevitably hear about the negative impact of “regulatory uncertainty.” Has it always been this way?

Lessons from Litigation: Process Matters Most

When it comes to fiduciary liability insurance, having the broadest possible statement of coverage is generally best; this is because it is a functional test for determining whether any given plan official or company officer is a fiduciary.