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Supreme Court Decides Hughes v. Northwestern University

On January 24, 2022, the U.S. Supreme Court decided Hughes v. Northwestern University, No. 1401, holding that an ERISA fiduciary that offers some prudent investment options in a retirement plan is not thereby categorically...more

ERISA Litigation Roundup: Forum Selection Clause in Plan Recognized as Valid

Denying a petition for a writ of mandamus, a Ninth Circuit panel has held that the district court properly enforced a forum selection clause contained in an ERISA-sponsored 401(k) plan in litigation regarding the alleged...more

ERISA Litigation Roundup: Another Court Finds 401(k) Plan Participant Data Is Not a Plan Asset

The Southern District of Texas has dismissed breach of fiduciary duty claims against Fidelity Investments, holding that participant data is not a plan asset and that Fidelity did not improperly use that data. Harmon v. Shell...more

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