Is the Tide of ERISA Litigation Turning?
One ERISA attorney who tends to represent plaintiffs says the future might hold fewer cases, thanks to certain key Supreme...
Tag: Fiduciary
DOL Publishes Final Fiduciary Prohibited Transaction Exemption
The final rule confirms the reinstatement of the traditional five-part test for determining fiduciary status, though it does not definitively state that advice regarding IRA rollovers necessarily triggers...
Rollins ERISA Challenge Tossed on Technical Issue
The short, pro-defense ruling concludes that the lead plaintiff has not exhausted all potential administrative remedies, making a lawsuit inappropriate at this juncture.
Coca-Cola Bottler Faces ERISA Fiduciary Breach Complaint
It’s anyone’s guess at this early juncture whether the fiduciary breach lawsuit will fizzle, though it includes some familiar allegations from other lawsuits filed by Capozzi Adler.
Familiar Fiduciary Concerns Voiced as PEP Market Takes Shape
As with any type of innovation, it should be expected that the architecture, structure and governance of PEPs will likely...
New Excessive Fee Suit Alleges Familiar 401(k) and 403(b) Plan Breaches
Allegations in the lawsuit against Barnabas Health closely parrot other proposed class action complaints filed in the past year against health care systems by the law firm Capozzi...
Decade of Debate Continues at DOL Fiduciary Rule Hearing
If the fiduciary rule saga has made one thing clear, it is that creating consensus about conflict of interest regulations is hard work. Even supporters of the new...
Trends
New Fiduciary Rule Ahead
The main theme of the DOL’s new rule proposal is in alignment with other regulators—the SEC and FINRA in particular—but...
Compliance Consult
Investment Advice Revisited
A new proposal introduces a broad exemption for advisers.
DOL Motives for Fiduciary Rule Questioned in Public Comments
Consumer groups and advocates of the fiduciary adviser industry want the Department of Labor to reconsider aspects of its proposed fiduciary rule.
15th Anniversary of RPAY: Mike Goss and Fiduciary Investment Advisors
The firm has grown tremendously since it was recognized as the Retirement Plan Adviser Team of the Year in 2009,...
California Man Accused of Fleecing Boeing Retirement Plan
Situations like this emphasize the clear and present need for retirement plans to implement effective cybersecurity policies.
Biogen Inc. Faces ERISA Challenge Over Funds, Fees
While not the smallest to face an excessive fee lawsuit in recent years, Biogen’s defined contribution plan held less than $1 billion at the start of the proposed...
Democratic Senators Challenge DOL’s Proposed ESG Restrictions
The lawmakers say environmental, social and governance-focused investing allows retirement savers to support long-term change by building a system that rewards and values inclusion and diversity in corporate...
Wawa ERISA Settlement Valued at Nearly $22M
The basic contention of the lawsuit was that the company acted in a manner contrary to ERISA’s fiduciary requirements when it forced terminated employees to liquidate company stock...
$300 Million Plan Faces ERISA Fiduciary Breach Lawsuit
The plan being challenged in the latest fiduciary breach lawsuit held less than $300 million as of the start of last year, making it one of the smallest...
DOL Aims to Quickly Simplify Conflict of Interest Framework
The main theme of the new fiduciary rule proposal is alignment with other regulators—the SEC and FINRA in particular—but the...
CareerBuilder Defeats ERISA Fiduciary Lawsuit
The complaint has been dismissed without prejudice, however, and the plaintiffs have until July 28 to attempt to remedy failures in their lawsuit.
Court Calls Foul (For Now) on Northrop Grumman Settlement
Following the filing of various class member objections, a federal district court has denied a settlement agreed to by the parties in an ERISA fiduciary breach lawsuit against...