Compliance September 25th, 2023 10th Circuit’s ‘Meaningful Benchmark’ Ruling Will Not Stymie Lawsuits, Experts Says Five circuit courts have now heightened the standard for 401(k) participant lawsuits, but ERISA attorneys do not expect lawsuits challenging...
Compliance September 22nd, 2023 Judge Upholds DOL ESG Rule A Texas judge, appointed during the Trump administration, ruled that the DOL does not violate ERISA by permitting ESG in...
Compliance September 15th, 2023 When Attorney-Client Privilege Applies Under ERISA If communications concern plan assets, they may be discoverable during litigation.
Compliance September 12th, 2023 AT&T Receives Industry Backing in 2017 Excessive Fee Case ERIC, CIEBA, SPARK and ABC submitted an amicus brief on behalf of the firm’s retirement plan.
Compliance September 1st, 2023 Are You Ready for Class Action Health Care Plan Fee Litigation? Joanne Roskey, a former DOL solicitor and current ERISA attorney, discusses how to prepare for the likely wave of litigation...
Compliance August 31st, 2023 May Climate Funds Be Used in DC Plan Menus? Yes, as long as they don’t come at the cost of participants’ investment outcomes, according to Wagner Law Group.
Compliance August 30th, 2023 DOL Beats ForUsAll Crypto Suit A federal court ruled there was no legal basis for complaints challenging the DOL’s compliance bulletin cautioning use of cryptocurrency...
Compliance August 15th, 2023 Another BlackRock TDF ERISA Challenge is Dismissed An ERISA lawsuit alleging TDF underperformance by the asset manager for Cisco 401(k) participants has been dismissed.
Compliance August 15th, 2023 American Airlines ESG Lawsuit May Move Ahead, According to Court Filing A judge overseeing the complaint brought by a former pilot has set a potential trial date; the airline has said...
Compliance August 14th, 2023 Lawsuit Would Block Missouri’s Anti-ESG Advising Rule Requiring registered advisers to follow state-level ESG disclosure rules violates federal law, according to SIFMA’s lawsuit.
Compliance August 11th, 2023 Live Nation 401(k) Plan Escapes Class Suit, Moves to Arbitration A federal judge in California ruled for Live Nation in a motion to move the case to arbitration.
Compliance August 10th, 2023 ERISA Complaint Against AT&T Returned for Review by Appeals Court A complaint alleging AT&T’s benefits committee failed to properly report brokerage commission paid to Fidelity has been remanded back to...
Compliance August 8th, 2023 New 401(k) Litigators Use ‘More Credible’ Tactics in First Half of ‘23 Euclid Fiduciary’s mid-year litigation report finds fewer filings, as plaintiff law firms catch up on ’22, but new entrants using...
Compliance August 7th, 2023 Pension Risk Transfers in No Need of Overhaul, Insurance Executives Say Minor changes, such as requiring pensions to consider cybersecurity before selecting an annuity provider, could be positive, however.
Compliance July 20th, 2023 The PLANADVISER Interview: Tina Anstett, Senior ERISA Counsel, Smart A senior counsel who consults on ERISA fiduciary issues and IRS and DOL audits discusses the state of artificial intelligence...
Compliance July 19th, 2023 EBSA Mulls Modifying PRT Rules Many stakeholders advised the DOL on how to change fiduciary standards for annuity provider selection.
Compliance July 19th, 2023 Industry Group Says Roth Catch-Ups Too Burdensome for 2024 SECURE 2.0 rules expanding catch-up contributions into a Roth source will be a huge undertaking for sponsors and recordkeepers.
Compliance July 18th, 2023 ERISA Advisory Council Highlights Trends in Pension Risk Transfers PRTs are trending upward, but their relationship with private equity and non-traditional investments is drawing more scrutiny.
Compliance July 18th, 2023 Verizon Settles 401(k) Complaint for $30M The agreement is still pending court approval but would end 7-year court case.
Compliance July 12th, 2023 Twitter Hit With $500M Suit for Unpaid Severance The proposed class action alleges Elon Musk promised to abide by the firm’s severance plan but did not follow through.