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Retirement Plan › Burden of Proof › Employee Retirement Income Security Act (ERISA)

Lowenstein Sandler LLP

Supreme Court Ruling Makes It Easier for Participants To Sue Plan Fiduciaries

Lowenstein Sandler LLP on

On April 17, the Supreme Court unanimously resolved a circuit split in Cunningham v. Cornell University, holding that plan participants need only allege that fiduciaries engaged in a “prohibited transaction” under the...more

Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Davis Wright Tremaine LLP on

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #45

Faegre Drinker Biddle & Reath LLP on

On February 16, 2021, the DOL’s prohibited transaction exemption (PTE) 2020-02 became effective. The PTE is titled “Improving Investment Advice for Workers & Retirees.” It allows investment advisers, broker-dealers, banks,...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: SCOTUS Reviews "Blissful Ignorance" as Statute of Limitations Defense

Hinshaw & Culbertson LLP on

On December 4, 2019, the U.S. Supreme Court heard oral argument in Intel Corp. Inv. Policy Comm. v. Sulyma, 139 S. Ct. 2692 (2019). The question presented is whether the three year limitations period in 29 U.S.C. § 1113(2),...more

McDermott Will & Schulte

ERISA Plan Controversy: Rising Stakes for Those Unprepared

McDermott Will & Schulte on

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

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