On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security...more
5/15/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Fiduciary ,
Final Rules ,
Internal Revenue Code (IRC) ,
Investment ,
Pensions ,
Prohibited Transactions ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
The U.S. Supreme Court heard oral argument to decide a circuit split and determine what ERISA requires of ERISA-governed pension plan fiduciaries with respect to investment fees and recordkeeping. A decision is expected in...more
The Department of Labor (DOL) recently issued new guidance on best practices for maintaining cybersecurity in connection with ERISA plans (the Guidance).
The Guidance, which is intended for sponsors, fiduciaries, record...more
8/9/2021
/ Benefit Plan Sponsors ,
Best Practices ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
New Guidance ,
Plan Administrators ,
Plan Participants ,
Popular ,
Retirement Plan ,
Third-Party Service Provider
In January, the Supreme Court issued its highly anticipated opinion in Retirement Plans Committee of IBM v. Jander, No. 18-1165, a case that promised to clarify the pleading standard applicable to ERISA stock-drop cases. But...more
2/4/2020
/ Breach of Duty ,
Certiorari ,
Corporate Officers ,
Defined Benefit Plans ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Failure To Disclose ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Fraud ,
Insider Information ,
Plan Participants ,
Pleading Standards ,
Pleadings ,
Remand ,
Retirement Plan ,
Retirement Plans Committee of IBM v Jander ,
SCOTUS ,
Securities Violations ,
Stock Drop Litigation ,
Vacated
A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 (ERISA) against third-party service providers, holding that the service providers...more