Tag: Fiduciary

ERISA Litigators Reflect on Lessons Learned in 2018

Lessons learned from district and appellate court decisions filed this year can help plan sponsor clients better protect their plans and fiduciary staff; 2018 also brought new trends in regulatory audits and investigations of advisers.

ERISA Industry Stakeholders Analyze Auto-Portability Potential

While enjoying broad support, at this early stage, it is unclear what responsibility a plan sponsor would retain for data security and accurate processing; in addition, auto-portability solutions may be limited by recordkeepers’ willingness to share participants’ personally identifiable information with a third party.

Washington University Defeats 403(b) Lawsuit

According to the court, the consolidated complaint “pleads no facts sufficient to raise a plausible inference that defendants took any of the actions alleged for the purpose of benefiting themselves or a third-party entity.”

PANC 2018: Plan Committee Excellence

To this day, one of the most common reasons plan sponsors turn to advisers is to get assistance with governance, including items such as putting in processes that help avoid litigation and running an efficient committee meeting.

ERISA 404(c) Compliance Well Worth the Effort

Frederick Reish, partner in the Drinker Biddle & Reath Employee Benefits & Executive Compensation Practice Group and Chair of the Financial Services ERISA Team, suggests a good way to think about ERISA Section 404(c) is as “a relatively inexpensive insurance policy.”