News & Analysis as of

Retirement Plan › Breach of Duty › Employer Liability Issues

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clorox forfeiture case goes forward

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

The U.S. District Court for the Northern District of California has decided not to dismiss a class action lawsuit against The Clorox Company and the employee benefits committee of The Clorox Company 401(k) Plan. The lawsuit...more

JAMS

Recent Developments in the Enforcement of ERISA Class Action Waiver and Arbitration Clauses

JAMS on

In recent months, various federal district and circuit courts have considered the enforceability of language in employer-sponsored retirement and welfare plans requiring that participants arbitrate their claims for breach of...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - October 2024

Keating Muething & Klekamp PLL on

The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more

Faegre Drinker Biddle & Reath LLP

Another 401(k) Plan Fiduciary Defeats Breach of Fiduciary Duty Claims at Trial

Faegre Drinker Biddle & Reath LLP on

Following a bench trial in a Pennsylvania federal district court in Nunez v. B. Braun Medical, Inc., 401(k) plan fiduciaries defeated a lawsuit alleging that the fiduciaries imprudently managed and paid excessive...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

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2019

Proskauer Rose LLP on

Editor's Overview - Happy New Year. We wrap-up 2019 with an article that reflects on significant developments in ERISA litigation during 2019, and takes a look at what's on the horizon for 2020. The courts (at all levels)...more

Stinson - Benefits Notes Blog

Another Way To Become Personally Liable To A Multiemployer Plan

Stinson - Benefits Notes Blog on

I have blogged in the past about individuals and businesses that are not signatories to a collective bargaining agreement being found liable for withdrawal liability imposed by multiemployer pension plans (plans jointly...more

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