Key Takeaway: The Sixth Circuit largely affirmed the grant of a motion to dismiss, but reversed the district court’s dismissal of the plaintiffs’ claim that the defendants had failed to select the lowest-cost share class of...more
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
4/7/2022
/ Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Dismissal With Prejudice ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Investment Management ,
Motion to Dismiss ,
Retirement Plan ,
Retirement Plan Providers ,
Summary Judgment
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
12/17/2021
/ Benefit Plan Sponsors ,
Breach of Duty ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fiduciary Duty ,
Investment Management ,
Investment Products ,
Investors ,
Oral Argument ,
Pleading Standards ,
Retirement Plan
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
10/14/2021
/ 401k ,
403(b) Plans ,
Administrative Expenses ,
Appeals ,
Arbitration ,
Benefit Plan Sponsors ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary ,
Fiduciary Duty ,
Investors ,
Motion to Dismiss ,
Plan Participants ,
Pleading Standards ,
Retirement Plan ,
Standing ,
Summary Judgment ,
Vacated
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
7/30/2021
/ 401k ,
Administrative Expenses ,
Benefit Plan Sponsors ,
Breach of Duty ,
Certiorari ,
Class Certification ,
Co-payments ,
Defined Contribution Plans ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Forum Selection ,
Health Plan Sponsors ,
Investors ,
Motion to Dismiss ,
Pensions ,
Pleading Standards ,
Prescription Drugs ,
Retirement Plan ,
Thole v U.S. Bank
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
4/8/2021
/ 401k ,
Appeals ,
Arbitration ,
Benefit Plan Sponsors ,
Breach of Duty ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Excessive Fees ,
Fiduciary ,
Fiduciary Duty ,
Health Plan Sponsors ,
Investors ,
Mandatory Arbitration Clauses ,
Motion to Dismiss ,
Retirement Plan ,
Retirement Plan Providers
The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more
12/18/2020
/ Business Interruption ,
Business Losses ,
Civil Authority ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Multidistrict Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance
With the continued disruptions to businesses and the economy generally resulting from the COVID-19 pandemic, the legal landscape is continually changing, and insurance is no exception. Since the beginning of the outbreak,...more
4/15/2020
/ Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Proposed Legislation
In This Issue. The Office of the Comptroller of the Currency (OCC) highlighted the key risks facing the federal banking system in its Semiannual Risk Perspective for Fall 2019; the Financial Stability Oversight Council (FSOC)...more
On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more
12/6/2019
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Decertification ,
DirecTV ,
Do Not Call List ,
Predominance Requirement ,
Putative Class Actions ,
TCPA ,
Telemarketing
In This Issue. The U.S. House of Representatives voted to approve the SAFE Banking Act, which would permit banks to serve cannabis-related businesses in states where it is legal; the Securities and Exchange Commission (SEC)...more
10/3/2019
/ Banking Sector ,
Cannabis Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Labor (DOL) ,
FDIC ,
Financial Services Industry ,
Marijuana Related Businesses ,
Minimum Salary ,
OCC ,
Popular ,
Real Estate Transactions ,
SAFE ,
Securities and Exchange Commission (SEC)
Recently, the U.S. Supreme Court granted a writ of certiorari to hear Retirement Plans Committee of IBM v. Jander, a case about the legal standard for pleading a claim for breach of fiduciary duties under the Employee...more
EDITOR'S NOTE -
In This Issue. The Securities and Exchange Commission (SEC) and North American Securities Administrators Association (NASAA) explained how state and federal securities laws might apply to fundraising for...more
In This Issue. The Securities and Exchange Commission (SEC): (i) adopted amendments clarifying auditor independence rules in light of lending relationships with shareholders of an audit client; (ii) adopted a set of new...more
On January 10, 2019, the CFPB issued a press release regarding two recently-released reports, which analyze the efficacy of the Ability to Repay Rule (ATR), and the RESPA Servicing Rule (Servicing Rule). The assessment...more
On December 13, 2018, the CFPB published a proposed rule, seeking public comment regarding a change to its policy on No-Action Letters, as well as a new feature called the “Product Sandbox,” a rule change that was initially...more
Editor's Note -
In This Issue. The Securities and Exchange Commission (SEC) adopted rules and amendments designed to promote research on mutual funds, exchange-traded funds (ETFs), registered closed-end funds, business...more
12/7/2018
/ Banking Sector ,
Banks ,
Carlton & Harris Chiropractic Inc v PDR Network LLC ,
Data Protection ,
EU ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Institutional Shareholder Services (ISS) ,
Investment Funds ,
OCC ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
TCPA
On November 13, 2018, the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), to answer the question whether the Hobbs Act required the district court to accept the Federal...more
Editor's Note -
State Regulators Sue OCC Over Federal FinTech Charter, Again. On October 25, the Conference of State Bank Supervisors (CSBS) once again sued the Office of the Comptroller of the Currency (OCC) in the U.S....more
On October 15, 2018, in remarks to the Mortgage Banker’s Association, Acting Director Mick Mulvaney declared that the CFPB will move away from “regulation by enforcement” by clarifying standards of conduct, to provide the...more
On September 14, 2018, the Community Financial Services Association of America, Ltd. and the Consumer Service Alliance of Texas (Industry Groups) moved for a preliminary injunction to prevent many of the provisions of the...more
On August 13, 2018, the California Supreme Court answered a question certified to it by the Ninth Circuit, holding that a loan with a high interest rate can be unconscionable, even if the legislature specifically declined to...more
8/28/2018
/ Ability-to-Repay ,
Appeals ,
CA Supreme Court ,
CashCall ,
Consumer Financial Products ,
Consumer Lenders ,
Finance Lenders Law ,
Financial Services Industry ,
High-Interest Loans ,
Interest Rates ,
Unconscionable Contracts ,
Unfair Competition Law (UCL) ,
Usury
Editor's Note -
Additional Regulatory Support for Financial Innovation. Last week, the Roundup reported that the Office of the Comptroller of the Currency (OCC) would begin accepting applications for special purpose national...more
On July 16, 2018, in Collins et al. v. Federal Housing Finance Agency et al. (No. 17-20364), a Fifth Circuit panel ruled that the single-director structure of the Federal Housing Finance Agency (FHFA) is unconstitutional. The...more