Tag: ERISA
Supreme Court to Hear IBM Stock-Drop Case
IBM asks the court to hear the case after an appeals court reverses the company’s district court win.
SCOTUS Denies Review of Chevron Stable Value ERISA Suit
The appellate court found that the facts alleged are insufficient to support a plausible inference of breach of fiduciary duty, and the Supreme Court seemingly agrees.
A Conversation with Jerry Schlichter, ERISA Litigator
Schlichter says many participants in retirement plans pay lower fees for investments and recordkeeping as a result of ERISA litigation; others ask whether plan sponsors’ fear of lawsuits...
Supreme Court Could Soon Consider Several ERISA Cases
In recent months, writs of certiorari have been filed with the Supreme Court in four cases involving tax qualified defined contribution plans.
Litigation Financing Could Drive 10b-5 Lawsuits
Attorneys suggest that litigation financing is not a common practice in ERISA lawsuits, but complaints filed under SEC Rule 10b-5...
Neuberger Berman ERISA Complainants Get Another Chance
The text of the decision highlights that Federal Rule of Civil Procedure 15 provides that a court may permit a party to amend its pleadings “when justice so...
Rep. Fudge Grills DOL Secretary on Fiduciary Rule Foot-Dragging
During an exchange on Capitol Hill on Wednesday, the Democratic representative from Ohio pressed DOL Secretary Alexander Acosta for details on how the regulator is addressing advisory industry...
Vanderbilt Settlement Agreement Prohibits Data-Based Cross Selling
Plan fiduciaries have agreed to prohibit service providers from using data generated in serving the plan to market or sell unrelated products to Vanderbilt 403(b) plan participants.
Advisory Firm Wins Partial Summary Judgement in Mixed ERISA Ruling
The advisory firm of Slocum & Associates will not face class-action claims and has prevailed on some summary judgement arguments, but the ruling allows certain individual claims to...
Court Rejects City National’s Argument About Damages for Self-Dealing
City National argued that if a District Court had considered certain offsets to the damages award, it would have been clear that the bank never received more compensation...
Revenue Sharing, Soft Fees Questioned in Latest ERISA Suit
Beyond the issue of excessive compensation, the lawsuit questions the collection of “float interest” and asks whether BTG International permitted a provider to create a “captive market for...
DOL Announces Two Know Your Fiduciary Responsibilities Seminars
The one in Detroit will take place on June 5 and in Wilmington, Delaware, June 25
District Court Again Allows SafeWay ERISA Lawsuits to Proceed
The district court rules SafeWay’s dismissal motions conflate the principle that investment decisions should not be evaluated based on hindsight with the need to use historic information available...
Impact of Executive Order on ESG, Proxy Voting May Be Muted
One ERISA expert says fiduciaries already evaluating ESG risks and those being active in proxy voting will continue parsing whatever ad hoc disclosures are volunteered by companies.
Plan Sponsors Affected by Severe Storms Get ERISA Compliance Relief
The Department says it recognizes that severe storms may impede efforts by plan fiduciaries in Nebraska, Iowa and Alabama to comply with the Employee Retirement Income Security Act...
Compliance News
Legislative and Judicial Actions
Fiduciaries Get Final Win in Disney SuitA federal appellate court has affirmed a lower court decision in a lawsuit against...