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
Lawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. The 63,000-member class action lawsuit alleged...more
On August 9, 2023, the Internal Revenue Service (“IRS”) issued a new notice (IR-2023-144, the “Notice”) cautioning employers “to be alert to a range of compliance issues that can be associated with Employee Stock Ownership...more
Parties involved in a Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) investigation often ask a simple question: how much information am I obligated to provide the DOL in response to an...more
On July 8, 2022 the Pension Benefit Guaranty Corporation (“PBGC”) published its final regulation implementing the Special Financial Assistance (“SFA”) program for multiemployer pension plans under the American Rescue Plan Act...more
On June 21, 2022, the Sixth Circuit in Smith v. CommonSpirit Health unanimously affirmed the decision of the Eastern District of Kentucky dismissing with prejudice a putative class representative’s ERISA fiduciary breach...more
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
2021 was another busy year for litigation under the Employee Retirement Income Security Act, with more than 125 new ERISA class actions filed — more than were filed in 2018 or 2019, but down from the all-time high in 2020,...more
On July 2, 2021, the Supreme Court agreed to hear Hughes v. Northwestern, which involves a challenge to investment fees and recordkeeping fees in two 403(b) plans maintained by Northwestern University. The district court...more
Groom Law Group recently filed a brief on behalf of the American Benefits Council as amicus curiae in the 7th Circuit case Smith v. Board of Directors of Triad MA, No. 20-2708 (7th Cir. Sept. 9, 2020). The case is one of...more