News & Analysis as of

Fiduciary Duty Appeals

King & Spalding

A secret no more: the Motor Finance Litigation reaches the end of the road

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The Supreme Court has recently handed down its much-anticipated judgment in the ‘Motor Finance litigation’. The three joined appeals had become one of the most closely followed cases of this year and last. Overturning the...more

Mayer Brown

Revisiting the State of the Law in ERISA Forfeitures Cases

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On July 14, 2025, we published a detailed Legal Update describing the state of the law with respect to the ongoing wave of ERISA forfeiture lawsuits. This Legal Update analyzes the material developments that we have seen over...more

Snell & Wilmer

Ninth Circuit Weighs Employer’s Use of Non‑Vested 401(k) Funds

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What can employers do with non-vested employer contributions? Under the Employee Retirement Income Security Act of 1974 (“ERISA”), employers may require an employee to work for a set number of years before any company...more

Carlton Fields

Painting Outside the Lines: New Strokes in ERISA Forfeiture Litigation

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ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In a Rare Move, the DOL Backs the Employer in a Forfeiture Allocation Case—But Don’t Pop the Champagne Just Yet

Sometimes, in the strange world of ERISA litigation, you get a surprise. And in Hutchins v. Hewlett Packard, we got one: the Department of Labor, yes, that DOL, the one whose name alone strikes fear into the heart of many...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Intel Wins: Ninth Circuit Puts the Brakes on Anti-Private Equity Lawsuit

After six long years of litigation, Intel’s 401(k) plan design just got a big legal endorsement. A three-judge panel from the Ninth Circuit dismissed a lawsuit filed by plan participants who claimed that including hedge funds...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Clarifies Rules on Fiduciaries, Bribery and Disclosure

Improper inducement or legitimate distribution fee? The UK Supreme Court’s landmark ruling clarifies the rules on intermediaries that are common to the supply chain of almost all financial services....more

BCLP

Navigating Liability for Dishonest Assistance: An Account of Profit, Loss and Constructive Trusts - Supreme Court Judgment:...

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The UK Supreme Court has recently addressed novel issues concerning liability for dishonest assistance in respect of a breach of fiduciary duty, involving the acquisition and dissipation of unauthorised profits....more

A&O Shearman

UK Supreme Court hands down significant judgement on motor finance commission complaints

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The UK Supreme Court has handed down its judgment on the conjoined appeals involving two lenders who challenged the decision of the Court of Appeal that a car finance broker could not lawfully receive a lender's commission...more

Haynes Boone

DOL Approves the Use of Forfeitures to Offset Employer Contributions

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In a lawsuit currently under appeal at the U.S. Court of Appeals for the Ninth Circuit, the court has been asked to decide whether the plan administrator violated its fiduciary duties of prudence and loyalty under ERISA when...more

Winstead PC

Court Dismissed Appeal From Interim Trust Orders Because It Lacked Jurisdiction

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In White v. White, an income beneficiary of a trust was retained to manage ranch property. No. 08-23-00244-CV, 2024 Tex. App. LEXIS 8896 (Tex. App.—El Paso December 19, 2024, no pet.)....more

Perkins Coie

Second Circuit Reverses Wire Fraud Conviction After Supreme Court’s Ciminelli Ruling: Key Takeaways on the Right-to-Control and...

Perkins Coie on

This month marked a significant development in the wake of the Supreme Court’s 2023 rejection of the “right-to-control” theory of fraud in Ciminelli v. United States. In Johnson v. United States, the Second Circuit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Forfeiture Fiasco: Why the DOL and Common Sense are on the Right Side of the HP Case

It’s not often you see the U.S. Department of Labor jumping into the legal ring to back plan sponsors, but when they do, you know something bigger is at stake than just one plan participant’s gripe. That’s exactly what...more

Haynes Boone

Money (It’s What Everyone Wants)

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As an old song covered by the Beatles goes, “the best things in life are free, but you can’t keep em for the birds and bees, now give me money, that’s what I want.”...more

Patton Sullivan Brodehl LLP

Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims

The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on.  But some bankruptcy proceedings give birth to complicated agreements that...more

Patton Sullivan Brodehl LLP

Another LLC Attorney Disqualified Due to “Conflict of Authority”

A prior LLC Jungle post covered the Court of Appeal’s seminal opinion in the Jarvis v. Jarvis case here: Why Having “Co-Managers” for Your LLC is a Terrible Idea. In the Jarvis case, the Court of Appeal affirmed the...more

Winstead PC

Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages

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In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more

Morris, Manning & Martin, LLP

A Friendly DOL Amicus Brief on Forfeitures

On July 9th, the Secretary of Labor filed an amicus brief with the Ninth Circuit relating to the appeal of Hutchins v. HP, Inc. In that case, a participant claimed that forfeitures should have been used to offset plan...more

Herbert Smith Freehills Kramer

Delaware Supreme Court reverses acquirer’s aiding and abetting liability, setting high bar, following precedent set by its recent...

On June 17, 2025, the Delaware Supreme Court (Court), sitting en banc, reversed a Court of Chancery ruling that had held a bidder liable for aiding and abetting fiduciary breaches of the target’s management....more

Mayer Brown

US Supreme Court Grants Review in One ERISA Case, and Has Now Called for Views of the Solicitor General in Two Other ERISA Cases

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Fresh off its April 17, 2025 decision in Cunningham v. Cornell University, the US Supreme Court is setting the stage to delve back into ERISA issues next Term. On Monday, the Court granted certiorari to resolve a circuit...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That Derivative Litigation Settlement Procedural Rules Apply Even In Intra-Shareholder Suits in...

In Norman v. Strateman, No. A170356, 2025 WL 1802786 (Cal. App., 1st Dist., June 20, 2025), the California Court of Appeal held that a settlement of derivative claims reached among all shareholders of a close corporation was...more

Hogan Lovells

Delaware Supreme Court applies business judgment rule in litigation claiming speculative benefits to the board

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The Supreme Court of Delaware reversed the Court of Chancery's application of the entire fairness standard to a company's decision to redomesticate. In the proceedings below, the minority shareholders of TripAdvisor, Inc. and...more

Lathrop GPM

Minnesota Appeals Court Rules on Property Disclaimers - An Unheralded But Key Estate Planning Tool

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On April 28, 2025, the Minnesota Court of Appeals issued its opinion in In re Estate of Bogren. The court addressed a matter of first impression in Minnesota – whether a disclaimer of property must clearly state the value of...more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

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In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Morris James LLP

Delaware Supreme Court Applies Business Judgment Rule, Dismisses Stockholder Claims Arising from TripAdvisor’s Nevada...

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On an interlocutory appeal from a decision denying a motion to dismiss, the Delaware Supreme Court reversed, holding that stockholder challenges to TripAdvisor’s decision to reincorporate in Nevada were governed by the...more

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