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Kilpatrick

The Ninth Circuit Rejects Plaintiffs’ Challenge to 401(k) Investments in Private Equity

Kilpatrick on

On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

Littler on

On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

Adler Pollock & Sheehan P.C.

U.S. Supreme Court Rules That Employers Must Periodically Review Investment Options In 401(k) Plans And Remove Imprudent Funds

Adler Pollock & Sheehan P.C. on

An employer has fiduciary duties with respect to the 401(k) plan it provides its employees. Those duties include the obligation to choose prudent investment options and to consider the fees associated with service providers...more

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