News & Analysis as of

FIfth Third Bancorp v Dudenhoeffer Employee Benefits Breach of Duty

Dechert LLP

A Look at the Current State of ERISA Class Action Litigation

Dechert LLP on

This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA).  Here, we look at the current litigation...more

Holland & Hart - Employers' Lawyers

IBM Files Petition for Certiorari in ERISA Duty of Prudence Breach Claim

Last week, International Business Machines Corp. (IBM) sought Supreme Court review of a Second Circuit decision favoring retirement plan participants claiming the plan’s fiduciaries breached their duty of prudence in failing...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2018

Proskauer Rose LLP on

As we closed the door on 2018, we were met by two surprising decisions—one from a panel of the Second Circuit addressing employer stock drop litigation, and one from a federal district court in Texas declaring the entire...more

Carlton Fields

SCOTUS v. the Ninth Circuit on Failure to Enforce ERISA Stock-Drop Pleading Standard

Carlton Fields on

In a terse per curiam opinion, the U.S. Supreme Court in Amgen Inc. v. Harris, No. 15-278 (U.S. Jan. 25, 2016), made clear that it expects lower courts to faithfully apply the pleading requirements for “stock-drop” cases...more

Seyfarth Shaw LLP

The Supreme Court Meant What It Said On Employer Stock Funds

Seyfarth Shaw LLP on

On January 25, 2016, in Amgen, Inc. v. Harris, 2016 WL 280886, the Supreme Court sent a strong message to the lower courts, plaintiffs and ERISA fiduciaries that pleading standards for breach of fiduciary duty prudence claims...more

Seyfarth Shaw LLP

What Amgen and Tackett Tell Us About ERISA Litigation Trend Lines

Seyfarth Shaw LLP on

Two recent Supreme Court decisions, and a recent Sixth Circuit analysis on remand from the Supreme Court, offer a roadmap of sorts on ERISA litigation. In both decisions, the Supreme Court did away with presumptions, and at...more

Snell & Wilmer

Employee Benefits Update: Unanimous Supreme Court Issues ERISA Fiduciary Duty Opinion

Snell & Wilmer on

On June 25, the Supreme Court issued a unanimous decision in Fifth Third Bancorp v. Dudenhoeffer, which is likely to change the future of the Employee Retirement Income Security Act (ERISA) stock drop litigation. ...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide