James Goodfellow Jr.

Seyfarth Shaw LLP

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Eighth Circuit Jimmies The Lid On Pandora’s Box

Seyfarth Synopsis: In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim premised on alleged faulty claims handling practices to...more

5/11/2017 / Aetna , Breach of Duty , Corporate Counsel , Disability Benefits , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Retirement Plan

DOL Fiduciary Rule-Making Overreach? Stay Tuned for the Judgment of the Courts

In April, the Department of Labor issued new regulations under ERISA related to individuals who offer investment advice to ERISA plans, their fiduciaries, or participants for a fee. The DOL now says that a fiduciary is...more

7/20/2016 / Department of Labor (DOL) , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Investment Adviser , Irreparable Harm , Preliminary Injunctions , Retirement Plan

Continuing Duty To Monitor? Yes. Scope of That Duty? Wait And See…

In a case we have blogged about before, the Supreme Court in Tibble v. Edison International unanimously has concluded that an ERISA fiduciary has a continuing duty to monitor investments made in an ERISA governed savings...more

5/22/2015 / 401k , Benefit Plan Sponsors , Breach of Duty , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Retirement Plan , SCOTUS , Statute of Limitations , Tibble v Edison Int

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