Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I...
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ERISA Litigation
BAE Beats 401(k) Plan Forfeiture Suit
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
4 ERISA Arguments to Watch in September
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases - Michael Schloss, PLANSPONSOR, August 20, 2024 (PDF)
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)
Forfeiture Cases – Update
Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures...
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray - Marcia Wagner, planadviser, August 1, 2024 (PDF)
New Tree Co. Owners Can’t Lodge Suit Over Defunct ESOP
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP - Thomas Clark, Jr., Lee Polk, Stephen Wilkes, Law360, July 26, 2024 (PDF)
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse - Marcia Wagner, planadviser, July 15, 2024 (PDF)
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed - Andrew Oringer, PLANSPONSOR, July 3, 2024 (PDF)
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm,...
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed - Marcia Wagner and Andrew Oringer, PLANSPONSOR, July 10, 2024 (PDF)
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions - Mark Greenstein, FUNDfire, July 8, 2024 (PDF)
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule - Andrew Oringer, PLANSPONSOR, July 5, 2024 (PDF)
5 Argument Sessions Benefits Attys Should Watch For In July
5 Argument Sessions Benefits Attys Should Watch For In July - Andrew Oringer, Law360, July, 3, 2024 (PDF)
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse - Stephen Rosenberg and Andrew Oringer, Pensions & Investments, July 3, 2024 (PDF)
Benefits Rules Likely to Draw Fresh Fire After High Court Action Ari Sonneberg
Benefits Rules Likely to Draw Fresh Fire After High Court Action - Roberta Casper Watson, Bloomberg Law, July 2, 2024 (PDF)
The Litigation Floodgates are Expected to Open. How The Supreme Court’s Chevron Deference Ruling Expands Judge
The Litigation Floodgates are Expected to Open. How The Supreme Court's Chevron Deference Ruling Expands Judge - Stephen Rosenberg, Pensions & Investments, July 2, 2024 (PDF)
Employers Can Trust Address Provided by Employees
Employers Can Trust Address Provided by Employees - Marcia Wagner, PLANSPONSOR, June 25, 2024 (PDF)
5 ERISA Cases to Watch in 2024’s Second Half
5 ERISA Cases to Watch in 2024's Second Half - Andrew Oringer, Law360, June 21, 2024 (PDF)
Pivotal ERISA Case Stalls Amid Mental Health Crisis
Pivotal ERISA Case Stalls Amid Mental Health Crisis - Andrew Oringer, Law360, June 13, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly...
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light - Andrew Oringer, PLANSPONSOR, June 3, 2024 (PDF)
The Rise of Fiduciary Health Plan Litigation
By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Examining Increasing Health Plan Fee Litigation
Examining Increasing Health Plan Fee Litigation - Thomas Clark, Jr., panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 - 3:00 PM (EDT) - Click here for details and registration
IBM Wins Dismissal of Pension Lawsuit
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment - Andrew Oringer, PLANSPONSOR, April 3, 2024 (PDF)
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question - Marcia Wagner, 401(k) Advisor, April, 2024
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
In Watson vs. EMC Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer may be liable for the amount of life insurance proceeds if the participant failed to convert his...
Judge Denies American Airlines’ Motion to Dismiss
Judge Denies American Airlines’ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by,...
5 Recent ERISA Decisions Attorneys Should Know
5 Recent ERISA Decisions Attorneys Should Know - Andrew Oringer, Law360, December 8, 2023 (PDF)
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms - Andrew Oringer, Bloomberg Law, October 24, 2024 (PDF)
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
Complaints Allege Improper Use of 401(k) Plan Forfeitures
Complaints Allege Improper Use of 401(k) Plan Forfeitures - Marcia Wagner, PLANSPONSOR, October 9, 2023 (PDF)
Supreme Court Asked to Weigh in on Arbitration, Again
Supreme Court Asked to Weigh in on Arbitration, Again - Jordan Mamorsky, Pensions & Investments, September 18, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals By Kellie Mejdrich
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
Claims Denial Overturned for Failure to Follow Claims Procedures
The U.S. Court of Appeals for the Tenth Circuit, in David P. v. United Healthcare Ins. Co., has reversed a group health plan’s benefits claim denial because the plan’s claims administrator failed to...
Former Director Sues Howard University Pension Plan
Former Director Sues Howard University Pension Plan - Andrew Oringer, PLANSPONSOR, August 21, 2023 (PDF)
10th Circ.’s Okla. PBM Ruling Could Curtail State Regulation
10th Circ.'s Okla. PBM Ruling Could Curtail State Regulation - Andrew Oringer, Law360, August 18, 2023 (PDF)
Verizon 401(k) lawsuit settles for $30 million
Verizon 401(k) lawsuit settles for $30 million - Stephen Rosenberg, InvestmentNews, July 11, 2023 (PDF)
DOL Sues Missouri Bankers Benefit Plan
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
New England 401(k) Fee Suits Forge Employers’ Longshot Bid
New England 401(k) Fee Suits Forge Employers’ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
Churchill Holdings ESOP Participants Sue
Churchill Holdings ESOP Participants Sue - Andrew Oringer, PLANSPONSOR, June 2, 2023 (PDF)
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue - Thomas Clark, Jr., The Capitol Forum, April 10, 2023
Suit “Routes”: Lessons Learned from Litigation
Suit “Routes”: Lessons Learned from Litigation - Thomas Clark, Jr., Panel Moderator, NAPA 401(k) Summit, April 3 -5. 2-2023 - Click here for details
Case(s) in Point
Case(s) in Point - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit - Thomas Clark, Jr., NAPA, April 4, 2023 (PDF)
Fiduciary Litigation Debate
Fiduciary Litigation Debate - Thomas Clark, Jr., DC Pension Geeks Podcast, March 20, 2023 - Click here for recording
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
Tackling Market Disruptors – How to Manage Industry Shifts
Tackling Market Disruptors – How to Manage Industry Shifts - Panelist, ALM Complex Claims and Litigation Forum, Las Vegas, NV, February 27 - March 1, 2023 - Click here for details
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability?
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability? – Marcia Wagner, FiduciaryNews, Januaey 25, 2022 (PDF)
Court Confirms Participant Must Exhaust Administrative Remedies Before Filing a Suit
The U.S. District Court for the Southern District of New York, in Benson vs. Tiffany and Company SPD, has ruled that a participant in an ERISA-governed group health plan may not proceed with her...