Bass, Berry & Sims attorney Chris Lazarini examined a case questioning when claims are preempted by ERISA. The court applies a two-prong test to determine when claims are preempted:
1. Does the complaint arise only because...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and...more
11/12/2019
/ Aiding and Abetting ,
Appeals ,
Board of Directors ,
Breach of Duty ,
Fiduciary Duty ,
Genuine Issue of Material Fact ,
Investment Adviser ,
Investment Banks ,
Mergers ,
Motion for Summary Judgment ,
Shareholder Litigation ,
Shareholders
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which 27 Chinese individuals alleged securities fraud after investing significant funds in a failed electric vehicle startup. The court dismissed the case, finding...more
9/16/2019
/ Dismissals ,
Fiduciary Duty ,
Investment Management ,
Investors ,
Justifiable Reliance ,
Material Misrepresentation ,
Material Misstatements ,
Offering Documents ,
Securities Fraud ,
Standing ,
Startups
Bass, Berry & Sims attorney Chris Lazarini examined allegations brought by members of a company’s 403(b) retirement savings plan that the plan fiduciaries violated their duties by selecting and failing to replace higher-cost...more
9/5/2019
/ 403(b) Plans ,
Board of Directors ,
Breach of Duty ,
Discovery ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fixed Income Investments ,
Motion to Dismiss ,
Retirement Plan ,
Share Class Structures ,
Share Classes
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiffs sued Edward Jones alleging violations of various securities laws related to their investment in an annuity, which they had thought was joint...more
5/7/2019
/ Breach of Contract ,
Breach of Duty ,
Cause of Action Accrual ,
Discovery Rule ,
Fiduciary Duty ,
Investors ,
Negligence ,
Negligent Supervision ,
Securities Act ,
Securities Fraud ,
Securities Violations ,
Statute of Limitations ,
Statute of Repose ,
Time-Barred Claims ,
Tolling
Bass, Berry & Sims attorney Chris Lazarini discussed a case centered around three IRA accounts and the duty that UBS had to the beneficiary following the death of the client/IRA account holder. Prior to the client’s death,...more
11/16/2018
/ Appeals ,
Asset Management ,
Beneficiaries ,
Breach of Contract ,
Consumer Protection Act ,
Counterclaims ,
De Novo Standard of Review ,
Due Care ,
Duty of Care ,
Emotional Distress Damages ,
Fiduciary Duty ,
Financial Institutions ,
Fund Distribution ,
Individual Retirement Account (IRA) ,
Interpleaders ,
Judgment on the Pleadings ,
Request For Information ,
Reversal ,
Trustees
Bass, Berry & Sims attorney Chris Lazarini analyzed the putative class active brought against T. Rowe Price Group by current and former employees alleging the firm breached its fiduciary duty by favoring its own financial...more
10/24/2018
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Adviser ,
Former Employee ,
Motion to Dismiss ,
Putative Class Actions ,
Retirement Plan ,
Self-Dealing
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff filed a FINRA arbitration against his broker alleging suitability, breach of fiduciary duty, fraud, failure to supervise, and other claims. The...more
8/16/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Brokers ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Individual Retirement Account (IRA) ,
Motion to Compel ,
Motion To Stay
Bass, Berry & Sims attorney Chris Lazarini commented on a putative ERISA class action case brought against several banks and their affiliates alleging breach of fiduciary duty or for knowing participation in prohibited...more
Bass, Berry & Sims attorney Chris Lazarini examined a case of alleged breach of trust and breach of fiduciary duty against a bank acting as the indenture trustee related to a foreclosure action on defaulted mortgage revenue...more
4/3/2018
/ Appeals ,
Banks ,
Bondholders ,
Bonds ,
Breach of Duty ,
Breach of Trust ,
Cause of Action Accrual ,
De Novo Standard of Review ,
Fiduciary Duty ,
Foreclosure ,
Indenture Trustee ,
Mortgages ,
Notice of Default ,
Statute of Limitations ,
Summary Judgment ,
Time-Barred Claims
Bass, Berry & Sims attorney Chris Lazarini commented on Thrivent's case seeking to enjoin the U.S. Department of Labor (DOL) from prohibiting the nonprofit's mandatory use of individual dispute resolution processes. Once the...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which plaintiff claimed breach of contract when her investment advisor did not transfer funds in a timely manner. The trial court and court of appeals awarded...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration. The factors, which are tied to potential prejudice...more