Tag: ERISA

Johnson and Johnson Faces Stock Drop ERISA Lawsuit

Plaintiffs allege plan fiduciaries should have known the company’s stock price was artificially inflated—and that fiduciaries breached their duties of prudence and loyalty by continuing to offer J&J stock in the retirement plan.

State-Based Fiduciary Regulations Take Shape in 2019

Regulators and legislators in a growing number of states say they are acting to fill a perceived void created by federal government disengagement; just last week, a long-awaited Nevada proposal was made public.

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.