News & Analysis as of

Benefit Plan Sponsors › Breach of Duty › Plan Participants

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When Grey Wins: Natixis Beats ERISA Challenge with Process, Not Perfection

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

In the world of ERISA litigation, process often trumps perfection. That was the story in Waldner v. Natixis, where a federal judge dismissed claims that Natixis and its plan committee acted disloyally and imprudently by...more

Fisher Phillips

Retirement Plan Fiduciaries Must Adjust to New Era of ERISA Litigation: How a Recent SCOTUS Ruling and $39M Jury Award Changed the...

Fisher Phillips on

A Supreme Court decision in April made it easier for plaintiffs to keep ERISA prohibited transaction claims in play longer, and just days later a rare ERISA trial resulted in a huge win for a class of 401(k) plan...more

Holland & Knight LLP

Supreme Court Urged to Resolve Split on ERISA Standing Requirements in Excessive Fee Cases

Holland & Knight LLP on

Chavez v. Plan Benefit Services, Inc., 108 F.4th 297 (5th Cir. 2024), began when three employees of a single employer sued the service providers of their health and welfare benefit plan for allegedly charging excessive fees...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Microsoft wins Blackrock TDF lawsuit

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

A U.S. District Court judge threw out a case against Microsoft which claimed that the BlackRock LifePath Index Funds suite of target-date funds was an imprudent investment choice for their plan participants....more

Miller Canfield

Sixth Circuit Decision Highlights Fiduciary Duties in Handling Premiums and Disclosing Information

Miller Canfield on

Key Takeaways - ..Mishandling of premiums can lead to breach of fiduciary duty claims under ERISA against employers. ..Information beyond what is required to be disclosed by ERISA may need to be provided by plan...more

Goodwin

ERISA Litigation Update - October 2021

Goodwin on

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Courts these days want to see something more

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The 9th Circuit upheld the dismissal of a complaint by participants in the Walt Disney Co. 401(k) plan that Disney violated their fiduciary duty by offering the Sequoia Fund, a mutual fund that had plummeted in value....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Is that 401(k) lawsuit streak going to end?

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The landscape for the retirement plan business has radically changed since when I first started in 1998. Normal courses of business such as revenue sharing and non-transparency of fees were the order of the day. No one cared...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Find those “missing” plan participants

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Missing plan participants are usually only an issue when a retirement plan decides to terminate and wants to avoid dragging out the process and having to file another Form 5500....more

McCarter & English, LLP

Pension Plan Sponsors Beware: The Department of Labor Is Investigating Plans That Fail to Locate and Pay Benefits to Terminated...

McCarter & English, LLP on

A Department of Labor (“DOL”) official recently disclosed a new DOL investigation initiative focusing on the adequacy of defined benefit plan procedures to locate and pay out benefits to terminated vested participants. The...more

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