Herb Stapleton's FBI Experience Proves to be Asset to Dinsmore's Corporate Team
Former FBI Executive and Cybersecurity Leader Herbert Stapleton Joins Dinsmore’s National Corporate Practice
No Password Required: Former Lead Attorney at U.S. Cyber Command, Cyber Law Strategist, and Appreciator of ‘Mad Men’ Hats
A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison
Lawyers Beware: There Could Be Serious Ethics Issues With The New AI Browsers
LathamTECH in Focus: Tech Deals: The Emerging Focus of FDI Regulators?
Fox on Podcasting: Harnessing the Power of Niche
Navigating Employee Integration in Mergers and Acquisitions: Lessons From Pretty Woman — Hiring to Firing Podcast
FCPA Compliance Report: Stay the Course: Ellen Lafferty on Navigating Anti-Corruption Compliance in 2025
Multijurisdictional Employers, P2: 2025 State-by-State Updates on Non-Compete/Non-Solicitation Agts
6 Takeaways | From Tension to Teamwork: Real Strategies for Legal Collaboration
Hsu Untied interview with David Cohen, General Counsel at Infinite Athlete
Hsu Untied interview with Brad Waugh, General Counsel at TP-Link
Compliance Tip of the Day – New FCPA Enforcement Memo – What Does it Mean?
Hsu Untied interview with D'Lonra Ellis, CLO of Oakland A's
Your Guide to Dealing with Subpoenas Effectively
Episode 371 -- DOJ's New Corporate Enforcement Program
Shout Outs and Rants: Episode 153, The CW 25 Edition
Regulatory Ramblings: Episode 68 - Why Geopolitical Risk Matters to Compliance and Legal Staff with Mark Nuttal and Chad Olsen
Innovation in Compliance: Strategic Compliance in Regulated Industries with Kerri Reuter
by Alex Smith A recently filed lawsuit related to Swiss Re’s 401(k) plan stands out because of the extensive assortment of allegations...more
Many employer-sponsored defined contributions plans, including 401(k) profit sharing plans and money purchase pension plans include a vesting schedule – a period over which a plan participant earns a nonforfeitable right to...more
Recently, a Texas federal court denied the defendants' motion to dismiss in a lawsuit featuring allegations that an employer's 401(k) plan, which allegedly relied on ESG principles when making investments, violated ERISA. ...more
A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more
A district court in the Southern District of Ohio and one in the Western District of Wisconsin reached opposite conclusions on motions to dismiss claims for fiduciary breach based on allegations that recordkeeping fees were...more
Plaintiffs must plead a “sound basis for comparison—a meaningful benchmark” — to sustain their claims of imprudent investment and excessive fee against a 401(k) plan, the federal appeals court in St. Louis has held,...more
In Matousek v. MidAmerican Energy Co., 2022 WL 6880771, __ F.4th __ (8th Cir. 2022), the Eighth Circuit joined the Sixth and Seventh Circuits in affirming dismissal of ERISA breach of fiduciary duty claims alleging that the...more
Here’s the scenario: Your company has had a 401(k) plan for the past 25 years. Employees appreciate the retirement benefit, and it seems to be operating well with very few questions or concerns from your employees. You’re...more
On August 29, 2022, the Seventh Circuit decided Albert v. Oshkosh Corporation, affirming a district court’s dismissal of breach of fiduciary claims related to Oshkosh Corporation’s management of its 401(k) plan, and striking...more
Seyfarth Synopsis: The ever evolving landscape of environmental, social and governance (ESG) factors and 401(k) plan investment options may have just become even more complicated....more
The Sixth Circuit, in a matter of first impression for that Circuit, held an arbitration clause contained in an individual employment agreement did not apply to ERISA fiduciary breach claims brought on behalf of a defined...more
The latest installment in the regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors arrived on October 14, 2021 in the...more
On July 19, 2021, the Fifth Circuit Court of Appeals issued an opinion in Ortiz v. American Airlines, upholding the dismissal of a class action lawsuit filed against American Airlines, the American Airlines Pension Asset...more
American Airlines, Inc. and its affiliated credit union recently defeated an appeal challenging a low-yield investment option in the airline’s 401(k) plan when the Fifth Circuit ruled that the plan participants lacked Article...more
A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in...more
Last week marked a key development in the nascent and still evolving body of case law addressing the status of 401(k) plan participant data as an ERISA “plan asset.” On Tuesday, March 30, 2021, The U.S. District Court for...more
On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied a petition for mandamus seeking to overturn a...more
The Department of Labor (DOL) recently issued guidance in the form of an Information Letter describing the process that plan fiduciaries should undertake in determining whether an investment fund having a private equity...more
I always talk about how plan sponsors need to work with experienced financial advisors, third party administration (TPA) firms, and ERISA attorneys on their plan needs. Like with reasonable fees, I believe that the term...more
As an ERISA attorney, I always have an open phone policy with plan sponsors, financial advisors, accountants, TPAs, and other attorneys from around the country on questions they may have about their plan or a client’s...more
Dorman v. The Charles Schwab Corp. narrows the options of employees asserting breach of fiduciary duty in retirement plans. Breach of fiduciary duty claims that “arise out of” and “relate to” a 401(k) plan—including those...more
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported...more
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
The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more
WHAT’S THE EXPOSURE? • Settlements up to $140 million • Last year alone, settlements of $17 million, $22 million, $24 million, and among others • Plaintiffs’ lawyers generally get 1/3 of the settlement amounts • Plaintiffs’...more