The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
4/23/2025
/ Affirmative Defenses ,
Appeals ,
Article III ,
Cost-Shifting ,
Cunningham v Cornell University ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Fiduciary ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
Sanctions ,
SCOTUS ,
Standing
The U.S. Department of Labor (DOL) on Jan. 16, 2025, released its long-awaited proposed regulation interpreting the definition of "adequate consideration" as applied to private company stock acquired or sold by an employee...more
The U.S. Supreme Court recently granted a petition for a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit's decision in Cunningham v. Cornell University, 86 F.4th 961 (2d Cir. 2023). In doing so,...more
The U.S. District Court for the Northern District of California entered summary judgment on July 6, 2020, in favor of defendants who sold stock to an employee stock ownership plan (ESOP) and faced liability under the Employee...more
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act (ERISA) disputes were not arbitrable. The...more
8/27/2019
/ 401k ,
Appeals ,
Arbitration ,
Charles Schwab ,
Class Action Arbitration Waivers ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
NLRA ,
Plan Documents ,
Precedential Opinion ,
Prohibited Transactions ,
Putative Class Actions ,
Unenforceable Contract Terms
• The U.S. Court of Appeals for the Tenth Circuit affirms a District Court's holding that Great-West Life & Annuity Insurance Co. was not a fiduciary with respect to its stable value fund, even though it announced the fund's...more