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Cunningham v. Cornell: Supreme Court Lowers Bar for ERISA 406(a) Claims

On April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a). Prior to the Supreme...more

This Week From the Hill (February 9 – February 15, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing,...more

Plaintiffs Target Use of 401(k) Plan Forfeitures

In the past month, plaintiffs have filed two separate lawsuits – Dimou v. Thermo Fisher Scientific, Inc. and Rodriguez v. Intuit, Inc – accusing plan fiduciaries of violating the Employee Retirement Income Security Act of...more

DOL Threatens to Investigate Fiduciaries Over Cryptocurrency in 401(k)s

One day after President Biden’s Executive Order on Ensuring Responsible Development of Digital Assets, the Department of Labor’s Employee Benefits Security Administration (“DOL”) issued Compliance Assistance Release No....more

The Supreme Court’s Northwestern Decision – A Win for Plaintiffs but a Possible Turn In the Tide?

On January 24, 2022, in a unanimous decision, the Supreme Court in Hughes v. Northwestern reinstated the long-running case against Northwestern University by sending the case back to the lower courts for further review. ...more

Department of Labor Guidance on Private Equity Adds Flexibility for Defined Contribution Plans

On June 3, 2020, the Department of Labor (“Department”) issued an Information Letter that, for the first time, provides the Department’s views on the use of private equity investments within 401(k) and other defined...more

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