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Retirement Plan › Investment Funds › Investment

Orrick, Herrington & Sutcliffe LLP

Labor Dept. permits fiduciaries to consider alternative investments for 401(k)s

Orrick, Herrington & Sutcliffe LLP on

On August 12, the U.S. Department of Labor’s Employee Benefits Security Administration rescinded guidance from December 2021 that discouraged fiduciaries from considering alternative assets in the list of investment options...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Overpaying for Underperformance: A Fiduciary Breakdown in Plain Sight

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

A massive new study by Abernathy-Daley covering nearly 58,000 corporate 401(k) plans delivered a simple—but startling—message: virtually every plan suffers from overpriced, underperforming funds. In fact, 99% of plans have at...more

Carlton Fields

Expect Focus - Volume II, May 2025

Carlton Fields on

Builder of Investment Models Deviates From Blueprints Employee’s Rogue Remodeling Costs Builder Plenty - The SEC’s recent order instituting administrative and cease-and-desist proceedings (OIP) against registered...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The thing about too much choice in 401(k) plans

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

In life, choice is usually a good thing. However, when it comes to daily valued 401(k) plans, too many choices aren’t a good thing. It sounds counter-intuitive, but too many choices offered to plan participants is usually a...more

A&O Shearman

Texas District Court ESG ruling has broader implications for ERISA plan fiduciaries

A&O Shearman on

On January 10, 2025, the U.S. District Court for the Northern District of Texas (the “Court”) held, in Spence v. American Airlines, Inc., that American Airlines (“American”) and the American Airlines Employee Benefits...more

A&O Shearman

ESG Investing Takes A Blow In Texas Federal Court

A&O Shearman on

On January 10, 2025, Judge Reed O’Connor of the United States District Court for the Northern District of Texas ruled, following a four-day bench trial, that an airline breached ERISA fiduciary duties when investing...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Two Blackrock Target Date Fund cases dismissed

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

Two lawsuits questioning the prudence of plans holding the BlackRock Lifepath target-date funds were thrown out. The two suits, one involving Capital One Financial Corp., and the other involving Booz Allen Hamilton were...more

Cadwalader, Wickersham & Taft LLP

SMArt Due Diligence - April 2022 | Issue No. 171 - Due Diligence on Public Funds in Funds-of-One

Cadwalader, Wickersham & Taft LLP on

Fund Finance Friday has previously reported on the continuous rise of public pension money in private equity. Generally, such investments are made in commingled funds with a diversified group of investors, but we also...more

Pillsbury Winthrop Shaw Pittman LLP

New Law Mandates Disclosure of Alternative Fund Fees By California Public Pensions

Pillsbury Winthrop Shaw Pittman LLP on

To increase the transparency of fees and expenses paid to alternative funds, every California public pension plan must require each alternative fund in which they invest to make various disclosures, and California public...more

Proskauer - Employee Benefits & Executive...

District Court Dismisses 401(k) Plan Investment Claims Against Chevron Fiduciaries

Proskauer - Employee Benefits & Executive... on

A federal district court in California granted defendants’ motion to dismiss claims asserted by Chevron 401(k) plan participants that the plan fiduciaries breached their ERISA fiduciary duties by selecting underperforming...more

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