News & Analysis as of

Retirement Plan 401k Investment Management

Jackson Lewis P.C.

Evonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process

Jackson Lewis P.C. on

A New Jersey federal district court recently granted summary judgment in defendants’ favor in an ERISA excessive fee case accusing Evonik’s 401(k) plan fiduciaries of keeping imprudent investments in the plan and of allowing...more

Goodwin

Minding the Store: Unanticipated ESG Issues Affecting ERISA Fiduciary Supervision

Goodwin on

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...more

Mayer Brown

Northern District of Texas Expands Fiduciary Exposure by Permitting ESG Proxy Voting Theory to Go to Trial

Mayer Brown on

Case Name and Number: Spence v. American Airlines, Inc., et al., No. 4:23-cv-00552 - INTRODUCTION - On June 20, 2024, Judge Reed O’Connor in the Northern District of Texas (the “court”) denied a motion for summary...more

Mayer Brown

United States: The Long Read - Lifetime Income Products in CITs on the Rise

Mayer Brown on

As recently noted by the US Department of Labor (“DOL”), since the passage of the Employee Retirement Income Security Act of 1974 (“ERISA”), “the retirement plan landscape has changed significantly, with a shift from defined...more

Cadwalader, Wickersham & Taft LLP

American Airlines Moves to Dismiss Suit Challenging Inclusion of ESG Funds in Retirement Plan

In August 2023, American Airlines, Inc. moved to dismiss a class action lawsuit filed against the airline for allegedly jeopardizing employees’ retirement savings by investing in environmental, social and governance (ESG)...more

Faegre Drinker Biddle & Reath LLP

Another 401(k) Plan Fiduciary Defeats Breach of Fiduciary Duty Claims at Trial

Following a bench trial in a Pennsylvania federal district court in Nunez v. B. Braun Medical, Inc., 401(k) plan fiduciaries defeated a lawsuit alleging that the fiduciaries imprudently managed and paid excessive...more

Jones Day

Congressional Republicans and State Attorneys General Challenge Biden Administration's ESG 401(k) Rule

Jones Day on

Republicans at the state and federal levels are challenging a Biden administration rule (the "Rule") intended to walk back Trump-era regulations restricting the ability of retirement fund managers to consider climate change...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

99 Cents Stores To Fork More Than A Dollar in 401(k) lawsuit

99 Cents Only Stores have come to terms with an excessive fee suit involving their 401(k) plan for about $749,901.01 more than their name. 99 Cents Only was sued for 1) for breach of fiduciary duties of prudence and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t shrug

One of my pet peeves out there is when you give a list of complaints to a business or an organization and they give the proverbial “shrug of the shoulders.” The “proverbial shrug” is basically the business or the organization...more

Littler

Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action

Littler on

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Biden vetoes ESG proposal overturn

If your Department of Labor (DOL) proposes a rule, as President, you’re not likely to throw them under the bus and overrule them. In a move that surprised no one, President Joe Biden used his first veto to preserve a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Senator wants crypto option, good luck

As Bitcoin starts inching back up, I’m in the black again and expect more clamor for crypto options in 401(k) plans. Senator Tommy Tuberville, R-Alabama, reintroduced legislation to create a law, the Financial Freedom Act...more

Jackson Lewis P.C.

ERISA Fiduciary Breach Action Narrowly Hurdles Motion to Dismiss in Minnesota

Jackson Lewis P.C. on

An ERISA action alleging breaches of fiduciary duty recently cleared the pleadings stage in Minnesota district court, narrowly avoiding a complete dismissal. See Schave v. CentraCare Health Sys., No. 22-cv-1555 (WMW/LIB),...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Tech company agrees to fork over $1 million in class action case

Coriant agreed to pay $1 million to resolve claims it violated its fiduciary duties under ERISA while administering its 401(k) plan. Coriant was an optical telecommunications company that was acquired by another company in...more

Littler

Update in ERISA Litigation Involving Breaches of Fiduciary Duty Claims

Littler on

Lawsuits against employers offering retirement benefit plans have been on the rise.  Recent suits, discussed in this update, have provided some guidance for employers.  In January 2022, the Supreme Court issued the Hughes...more

Verrill

Next Steps for Making Collective Investment Trusts Available to More Retirement Plans

Verrill on

Collective investment trusts (“CITs”) have become an increasingly popular choice for 401(k) plan investment menus over the past decade, consistent with a trend toward lower-cost investment options that has been driven, in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Avoid the nonsense about anti-ESG rhetoric

My wife forwarded me an op-ed piece, criticizing the Biden administration rule change on ESG investments in 401(k) plans. Obviously, the person writing it doesn’t understand how 401(k) plans work. ...more

Miller Canfield

ERISA and ESG: Less Confusion?

Miller Canfield on

​​​​​​​Last year the Department of Labor (“DOL”) proposed changes to ERISA regulations that govern the consideration of environmental, social, and governance (“ESG”) factors in retirement plans, as well as fiduciary...more

Paul Hastings LLP

DOL Releases Final Regulation with Respect to ESG Investing

Paul Hastings LLP on

Over the last few years, the U.S. Department of Labor’s (the “DOL”) guidance and rulemaking with respect to considering environmental, social, and governance (“ESG”) factors in Employee Retirement Security Act of 1974, as...more

Jackson Lewis P.C.

‘Tis the Season… to Consider ESG Investments in Your 401(k) Plan

Jackson Lewis P.C. on

We recently summarized the regulatory back and forth of the past few years relating to environmental, social, and corporate governance (“ESG”) factors and their impact on ERISA retirement plans and the fiduciaries that...more

Verrill

ERISA Section 404(c) Protection: A Refresher for Fiduciaries

Verrill on

The Employee Retirement Income Security Act (“ERISA”) imposes both (i) significant responsibilities on fiduciaries of participant-directed individual account plans, including 401(k) plans, and (ii) personal liability for...more

Fisher Phillips

Reducing Your 401(k) Litigation Risks – 10 Questions Employers Need to Ask ASAP

Fisher Phillips on

Here’s the scenario: Your company has had a 401(k) plan for the past 25 years. Employees appreciate the retirement benefit, and it seems to be operating well with very few questions or concerns from your employees. You’re...more

Proskauer - Employee Benefits & Executive...

Defendants Secure Motion to Dismiss Victories in Three Post-Hughes Decisions

In April, we wrote here about the discouraging trend of opinions allowing commonly asserted breach of fiduciary duty claims in 401(k) and 403(b) plan investment litigation to survive motions to dismiss. While it may be too...more

Kohrman Jackson & Krantz LLP

Protecting Your Retirement Savings from a Market Crash

Markets have been unstable for months, causing investors to be on edge with good reason. Already this year, the stock market has fallen and wiped out over $3 trillion in retirement savings....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I don’t get the push for ESG

While the Biden-led Department of Labor (DOL) has given the green light for environmental, social, and governance (ESG) funds within 401(k) plans, I don’t get the push....more

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