News & Analysis as of September 20, 2024

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

ERISA Newsletter - Second Quarter 2019

Proskauer Rose LLP on 7/16/2019

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Supreme Court to Review ERISA Statute of Limitations Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2019

In late 2018, in Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals held that a plaintiff’s access to documents disclosing an alleged breach of fiduciary duty did not trigger the...more

The Big Mistake Too Many Retirement Plan Fiduciary Committees are Making—And What to Do About It

Mintz - Employment Viewpoints on 5/8/2019

Formally organized retirement plan committees have become the norm in recent years. Retirement plans, particularly 401(k) plans, have increasingly adopted consultant-advised governance structures that include fiduciary...more

"Employment Flash - August 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 8/19/2016

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

UPDATE: The U.S. Supreme Court Decides ERISA Statute of Limitations Case – Implications for Plan Fiduciaries

King & Spalding on 9/2/2015

Last November, we reported that the Supreme Court had granted certiorari in Tibble v. Edison International, a Ninth Circuit decision holding that a claim that a plan fiduciary breached its duty of prudence in selecting plan...more

United State Supreme Court Confirms ERISA Fiduciary’s Continuing Duty To Monitor Investments

Tucker Arensberg, P.C. on 7/15/2015

In its Tibble v. Edison International decision the United State Supreme Court confirmed that the scope of an ERISA fiduciary’s duty of prudence continues after initial investments are made and imposes an ongoing duty to...more

U.S. Supreme Court Says “Regular Review” of ERISA Investments Required

Proskauer - Employee Benefits & Executive... on 6/30/2015

ERISA plan fiduciaries charged with responsibility for selecting, monitoring or removing plan investment options should pay close attention to the U.S. Supreme Court’s recent ruling in Tibble v. Edison Intl., 135 S. Ct. 1823...more

Once Again, the Supreme Court Upsets Precedent in Fourth and Eleventh Circuit

Womble Bond Dickinson on 6/11/2015

As we reported in our March 11, 2014 article, the Eleventh and Fourth Circuit Court of Appeals definitively rejected the “continuing breach” theory in recent disputes involving statute of limitations deadlines in ERISA cases...more

Supreme Court Reminds Companies to Monitor 401(k) Plan Investments, Sets Parameters for "Regular Review" Requirements

Polsinelli on 6/8/2015

Companies and in-house fiduciaries face increasing scrutiny these days over their 401(k) and other retirement plans. This was underscored again recently by a key Supreme Court ruling. In Tibble v. Edison International, the...more

What Does the Supreme Court’s Tibble Ruling Mean for Practitioners and ERISA Fiduciaries?

Carlton Fields on 6/4/2015

The Supreme Court’s recent decision in Tibble v. Edison Int’l, et al., --- S.Ct. ---, Case No. 13-550, 2015 WL 2340845 (May 18, 2015), is perhaps more interesting for what the Court did not decide than for what it did....more

Yes Virginia, There is a Duty to Monitor Retirement Plan Investments

Poyner Spruill LLP on 6/2/2015

In a recent unanimous ruling the U.S. Supreme Court confirmed what most retirement plan professionals already knew: ERISA requires plan investment fiduciaries to monitor investments and remove imprudent ones. Surprisingly to...more

Supreme Court Affirms Duty to Monitor Plan Investments

Parker Poe Adams & Bernstein LLP on 5/29/2015

The Supreme Court’s decision will undermine a plan fiduciary’s ability to assert a statute of limitations defense based on when an investment option was added; rather, the six year statute of limitations will be measured from...more

Supreme Court Rules on Plan Fiduciaries Duty to Monitor Plan Investments

Williams Mullen on 5/26/2015

In a unanimous decision, the U.S. Supreme Court held on Monday, May 18, 2015, that a plan trustee has a continuing duty to adequately monitor plan investments and remove imprudent ones. Tibble v. Edison, Int’l, 2015 BL...more

Supreme Court Ruling Heightens Pressure on Fiduciaries to Monitor 401(k) Plan Investments

Pillsbury Winthrop Shaw Pittman LLP on 5/26/2015

On May 18th, the U.S. Supreme Court unanimously held in Tibble et al. v. Edison International et al., No. 13-550 (S. Ct. May 18, 2015) that ordinary principles of trust law impose on ERISA fiduciaries a duty to continually...more

401(k) Fee Litigation to Increase Following Tibble Decision

Bradley Arant Boult Cummings LLP on 5/22/2015

As a result of the U.S. Supreme Court’s decision in Tibble v. Edison Int'l, it will now be easier for participants in 401(k) and other participant-directed plans to bring lawsuits challenging investment options added to the...more

Locke Lord QuickStudy: The Supreme Court Opines In Tibble v. Edison That The Duty to Monitor Investments Is Ongoing

Locke Lord LLP on 5/22/2015

In a highly anticipated decision, the United States Supreme Court recently held that a 401(k) fiduciary breach lawsuit may proceed even when the claim is based on an imprudent selection of investment funds that occurred more...more

Unanimous Supreme Court Vacates Tibble v. Edison International: Much Ado About Nothing? Or Something More?

BakerHostetler on 5/22/2015

On May 18, 2015, the United State Supreme Court, by a 9-0 vote, vacated and remanded the Ninth Circuit’s holding in Tibble, et al. v. Edison International, et al., 729 F.3d 1110 (9th Cir. 2013). Tibble is an “excessive fee”...more

Continuing Duty To Monitor? Yes. Scope of That Duty? Wait And See…

Seyfarth Shaw LLP on 5/22/2015

In a case we have blogged about before, the Supreme Court in Tibble v. Edison International unanimously has concluded that an ERISA fiduciary has a continuing duty to monitor investments made in an ERISA governed savings...more

Duty to Monitor Investments Extends Statute of Limitations for Fiduciary Breach Claim Says Supreme Court

Mintz - Employment, Labor & Benefits... on 5/21/2015

The Supreme Court has decided an important statute of limitations issue in an ongoing fiduciary breach case, Tibble v. Edison International. Tibble has attracted attention up to this point for its substantive claim: that...more

SCOTUS: Timeliness of Fiduciary Breach Claim May Depend on Alleged Failure to Monitor Selection of Investment Options

Miller Canfield on 5/19/2015

On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not...more

Tibble Supreme Court Argument: Fiduciaries Must Monitor Investments

McGuireWoods LLP on 2/27/2015

Section 413 of ERISA provides in general that no action for breach of fiduciary duty may be brought after the earlier of: (1) six years after (A) the date of the last action which constituted a part of the breach, or (B) in...more

Reasonable Fee Issues for Fiduciaries on the Horizon

Jackson Walker on 10/15/2014

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,...more

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