Susan Schaefer

Susan Schaefer

McDermott Will & Emery

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The Directed Trustee in the Post-Dudenhoeffer World

Overview - Court cases challenging the actions of Employee Retirement Income Security Act fiduciaries have continued unabated since the scandal of Enron in 2002. Since then, a large number of cases are in the ‘‘stock...more

1/23/2015 - 401k Duty of Prudence ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Retirement Plan Securities Stock Drop Litigation Trustees

Supreme Court to Review Application of ERISA’s Six-Year Statute of Limitations in Tibble v. Edison Int’l.

On October 2, 2014, the Supreme Court of the United States granted the plaintiffs’ petition for a writ of certiorari in Tibble v. Edison International to answer “Whether a claim that [Employee Retirement Income Security Act]...more

10/8/2014 - Certiorari Corporate Counsel ERISA Fiduciary Duty Mutual Funds Popular SCOTUS Statute of Limitations

Final Regulations Allow Retirement Plan Payments for Accident, Health and Disability Insurance

On May 9, 2014, the Internal Revenue Service finalized regulations that govern the tax treatment of payments made by retirement plans to pay accident or health insurance premiums. Under the final regulations, accident or...more

6/5/2014 - Benefit Plan Sponsors Defined Contribution Plans Disability Insurance Final Rules Health Insurance IRS Premiums Retirement Plan tax

DOL Issues Guidance on Plan Asset Status of Revenue Sharing Payments

The U.S. Department of Labor (DOL) recently issued guidance on whether accounts holding revenue sharing payments constitute “plan assets” under ERISA. Prior to the issuance of the DOL guidance, it was unclear whether these...more

8/20/2013 - DOL ERISA Fiduciary Duty Recordkeeping Requirements Revenue Sharing

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