Breaking Down Fiduciary Uncertainty for Plan Sponsor Clients
Backing away from the topic of the DOL fiduciary rule, ERISA attorney Fred Reish focused his speech at the Plan Sponsor Council of America’s national conference on general...
Tag: ERISA
Appeals Court Upholds ERISA Decision Against ‘Peeps’ Candy Company
On appeal, the candy company contended that the district court misapplied the federal statute governing multiemployer pension funds in critical status and, second, that the court erred in holding that...
DOL Secures Prison Time for Two Florida ERISA Fraudsters
A pair of former executives of First Farmers Financial are being punished for their involvement in the sale of $179 million in fraudulent loans to a Milwaukee company...
Attorneys General, Other Third-Parties Move to Revive DOL Fiduciary Rule in 5th Circuit
Anticipating the DOL will not itself ask the 5th U.S. Circuit Court of Appeals to reconsider a crucial mid-March panel ruling that vacated the Obama-era fiduciary rule expansion,...
Court OKs Northern Trust DB Plan Change
A federal appellate court affirmed a lower court decision that a change to Northern Trust's DB plan benefit formula does not violate ERISA or the Age Discrimination in...
Ahead of Wednesday Meeting, Stage Set for Fiduciary Jurisdiction Test Between DOL and SEC
Experienced ERISA attorneys and retirement industry executives project some possible outcomes of the DOL and SEC conflict of interest reform process; some expect a broad new proposal could...
Home Depot 401(k) Plan Latest Targeted with ERISA Fiduciary Breach Lawsuit
Plaintiffs include in their complaint a substantial amount of backward-looking fund performance data to underpin their failure to monitor claims, comparing the Home Depot offerings to others that...
Judge Keeps Former Committee Members in ERISA Church Plan Suit
Former committee members—who were not members at the time the complaint was filed—filed motions to remove themselves as defendants in the case; some of the motions were granted,...
SEC Signals Start of Formal Broker Fiduciary Rule Examination
Nearly a month after an appellate court unexpectedly quashed the DOL fiduciary rule expansion, the Securities and Exchange Commission has announced a date and time for its first...
ERISA Lawsuits Targeting Franklin Templeton Advanced, Consolidated by District Court
The ruling to consolidate the cases and allow them to proceed comes just about a week after the parties appeared for a hearing before the court, considering twin...
Launch of Stradley Ronon Fiduciary Governance Group Reflects Litigation Trends
Amid a glut of retirement plan industry litigation and regulatory change, advisers are asking the twin questions of whether one owes a fiduciary duty to their client, and...
Fiduciary Fitness
Duty to Investigate
Determining whether a plan acts in participants’ best interest
Practice Management
Taking on Discretion
Should you offer 3(38) fiduciary services or outsource the role?
Ruling on NY Times Multiemployer Plan Arbitration Challenge Rejects Use of ‘Segal Blend’
Following extensively detailed deliberation citing important SCOTUS rulings and other precedents, the district court ruling rejects a multiemployer plan’s usage of the so-called “Segal Blend” to set the...
Rhode Island the Next Stop for DOL Fiduciary Seminar
The “Getting It Right – Know Your Fiduciary Responsibilities” seminar will be held in Providence, Rhode Island, on June 28.
NYU Moves to Limit Evidence Used in Trial Over 403(b) Plans
In its motion, NYU asks that a federal district court judge issue an order “precluding from trial … any testimony, evidence, or arguments concerning claims that were previously...
Court Denies Motion to Dismiss Edward Jones Self-Dealing Suit
U.S. District Judge John A. Ross noted in his order that the arguments the defendants advance in support of dismissal are virtually identical to those raised in their...