News & Analysis as of

Retirement Plan Duty to Monitor

Jackson Lewis P.C.

Don’t Set It & Forget It: Keeping up Your Fiduciary Committee

Jackson Lewis P.C. on

It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees. ERISA imposes...more

Holland & Hart - The Benefits Dial

How Much is that (Investment) in the Window…A Higher Level of Fiduciary Oversight Could be Required for 401(k) Plan Brokerage...

Fiduciaries of 401(k) plans and other retirement plans know that they must prudently monitor the investment options available to participants in the plan, but are they monitoring participants’ investments made through a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Supreme Court backs plan participants in big ERISA case

The Supreme Court told defined contribution sponsors Monday that they have to monitor all investments in plans’ lineups rather than leave the analysis to participants....more

Groom Law Group, Chartered

Cybertheft Lawsuit: ERISA Fiduciary Breach Claims Dismissed Against Plan Sponsor but Move Forward Against Recordkeeper

On October 2, 2020, the Northern District of Illinois ruled on motions to dismiss in a closely-watched cybertheft lawsuit arising out of the theft of $245,000 from a participant’s account in the Abbott Laboratories Stock...more

Epstein Becker & Green

Monitoring ERISA Investment Fiduciaries

Epstein Becker & Green on

Fiduciaries of employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) that appoint investment managers (“Appointing Fiduciaries”) will be interested in the opinion of the...more

Foley & Lardner LLP

Cybersecurity Risks to Employee Benefit Plans - Are You Prepared?

Foley & Lardner LLP on

Unless you’ve been living on a remote mountaintop or inside a cave for the past 10 years, chances are good you’ve either been affected by a cybersecurity breach or know someone who has. Among many other businesses, recent...more

McDermott Will & Emery

Employee Benefits Innovators Roundtable: Fiduciary Update and the DOL Fiduciary Rule

The US Department of Labor’s new fiduciary rule is aimed at financial advisors, including brokers, who provide retirement plan services. However, the new rule will impact compliance obligations and potentially, costs for plan...more

Laner Muchin, Ltd.

Supreme Court Emphasizes Requirements About Selecting and Monitoring Plan Investments

Laner Muchin, Ltd. on

Plan administrators, investment committees and any other plan fiduciary responsible for selectingthe investment options of an employee benefit plan subject to ERISA should take note of the recent U.S. Supreme Court ruling in...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2015

Proskauer Rose LLP on

Editor's Overview - In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - June 2015

In This Issue: - For Retirement Plan Providers, It's All About Making A Connection - DOL Comment Period Extended - Supreme Trouble with Tibbles - My Referrals Aren't For Sale And Neither Should Yours ...more

Cozen O'Connor

Supreme Court Expands Scope of Fiduciary Liability

Cozen O'Connor on

In Tibble v. Edison International, the U.S. Supreme Court expanded the scope of the duty of prudence owed by ERISA fiduciaries. Although ostensibly a case about the statute of limitations, the Court ruled that trustees of...more

Weintraub Tobin

Supreme Court Hits Home Run for 401(K) Plan Beneficiaries

Weintraub Tobin on

This week’s decision by the United States Supreme Court in Tibble v. Edison International, 2015 U.S. LEXIS 3171 (May 18, 2015), is expected to trigger an increase in lawsuits against 401(k) plan fiduciaries....more

Dechert LLP

Some Limited Trouble with Tibble? Part II –Supreme Court Decides Excessive-Fee Case Involving 401(k) Plan

Dechert LLP on

Earlier this week, the U.S. Supreme Court unanimously decided the case of Tibble v. Edison International. In Tibble, the Court held that the statute of limitations under the Employee Retirement Income Security Act of 1974...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Recognizes ERISA Fiduciary Duty to Monitor Plan Investments"

On May 18, 2015, a unanimous U.S. Supreme Court held in Tibble v. Edison International1 that fiduciaries who select investment options for 401(k) plans have a continuing duty under the Employee Retirement Income Security Act...more

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