News & Analysis as of

Fiduciary Class Action Plan Participants

Holland & Knight LLP

DOL Continues to Back Plan Sponsors and Fiduciaries in ERISA Forfeiture Litigation

Holland & Knight LLP on

The Employee Retirement Income Security Act of 1974 (ERISA) forfeiture litigation landscape continues to evolve as courts continue to weigh in on the viability of this novel theory of ERISA liability. As explained in a...more

Nutter McClennen & Fish LLP

Second Circuit Rules on Plaintiffs’ Standing and Prohibited Transaction Issues in 401(k) Class Action

The Second Circuit recently made two rulings of interest to ERISA litigators and to fiduciaries of 401(k) or other defined contribution plans. In the first ruling, the court held that individual plan participants did not have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Do You Really Want to Be an ERISA Fiduciary?

Two recent class action lawsuits charging a breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) have increased the stakes and raised important considerations regarding a plan fiduciary’s duty of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ERISA Cybersecurity Lessons for Employers

Retirement plans are increasingly subject to cybersecurity issues, and the U.S. Department of Labor (DOL) is taking notice. On April 14, 2021, the DOL published cybersecurity guidance “for plan sponsors, plan fiduciaries,...more

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