News & Analysis as of September 19, 2024

Supreme Court of the United States › Fiduciary Duty

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Developments in Association Law 2022 – 2024

Pillsbury Winthrop Shaw Pittman LLP on 9/16/2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Employment Litigation Roundup: August 2024

Seward & Kissel LLP on 9/4/2024

In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on 7/29/2024

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

Mintz - Technology, Communications & Media... on 6/3/2024

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

What Is the Future of Monetary Relief under ERISA, Section 502(a)(3)?

DRI on 4/15/2024

The Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, regulates virtually every private employee benefit program in the United States. Among other things, ERISA contains its own civil enforcement section,...more

Supreme Court Decides Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC

Faegre Drinker Biddle & Reath LLP on 2/22/2024

On February 21, 2024, the U.S. Supreme Court decided Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500. The Court held that choice-of-law provisions in maritime contracts are presumptively enforceable...more

Impact on ERISA Regulation if Supreme Court Throws Chevron Deference Overboard

Morgan Lewis - ML Benefits on 2/15/2024

The US Supreme Court heard arguments on January 17 in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. In both cases, a commercial herring fishing company challenged a regulatory requirement that...more

Second Circuit Rules that Syndicated Loans Are Not “Securities” Under State and Federal Law

Goodwin on 9/11/2023

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more

Does the Supreme Court’s Analysis in Thole v U.S., Bank, N.A. Apply to Welfare Benefit Plans?

Foley & Lardner LLP on 8/16/2023

In Thole v. U.S. Bank, N.A., 140 S Ct. 1615 (2020), the Supreme Court, in a five to four decision authored by Justice Kavanaugh, held that participants in an ERISA defined benefit pension plan did not have standing under...more

Client Alert: The US Supreme Court Leads the Way in Eroding the Reach of Federal Fraud Statutes

Jenner & Block on 6/5/2023

On May 11, 2023, the US Supreme Court issued decisions in two significant cases that will further define the future of mail and wire prosecutions, particularly in the context of public corruption: United States v. Ciminelli...more

Delaware Bankruptcy Court Latest to Determine that Refund of Excess Quarterly US Trustee Fee Payments is Appropriate

Fox Rothschild LLP on 5/25/2023

The Fox Rothschild In Solvency blog previously covered the Supreme Court’s decision in Siegel v. Fitzgerald, 142 S. Ct. 1770 (2022), in which the 2017 amendment to 28 U.S.C. § 1930(a)(6) increasing quarterly fees payable to...more

U.S. Supreme Court to Decide Whether State’s Public Policy Interest Could Sink Insurance Policy’s Choice-of-Law Provision

Pillsbury - Policyholder Pulse blog on 4/26/2023

The rare insurance dispute has appeared on the horizon for the nation’s highest court. Last month, the U.S. Supreme Court granted certiorari and agreed to take up the case of Great Lakes Insurance SE v. Raiders Retreat Realty...more

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims – Is it Possible and, if So, Is It Worth It?

Proskauer Rose LLP on 4/25/2023

As plan sponsors and fiduciaries cope with the increased volume of class action Employee Retirement Income Security Act (ERISA) lawsuits, some have considered the prospects of reducing their exposure through arbitration...more

Northwestern University’s Alternative Explanations Not Strong Enough To Defeat ERISA Excessive Fee Claims

Proskauer - Employee Benefits & Executive... on 4/4/2023

On remand from the U.S. Supreme Court, the Seventh Circuit issued its opinion in Hughes v. Northwestern University, concluding that participants in two Northwestern 403(b) plans plausibly pled fiduciary-breach claims based on...more

The Supreme Court Update - November 4, 2022

Dorsey & Whitney LLP on 11/7/2022

Today, the Supreme Court of the United States granted certiorari in three cases: Amgen Inc. v. Sanofi, No. 21-757: This case concerns the Patent Act’s requirement that a patent’s “specification shall contain a written...more

Seventh Circuit Provides Hope for ERISA Plan Sponsors and Fiduciaries Defending Investment Fee & Performance Litigation

Proskauer - Employee Benefits & Executive... on 9/8/2022

The Seventh Circuit recently provided a ray of sunshine in what has largely been a gloomy stretch for plan sponsors and fiduciaries defending ERISA breach of fiduciary duty claims based on allegedly excessive investment and...more

Seventh Circuit Affirms Dismissal of ERISA Stock-Drop Case

Proskauer - Employee Benefits & Executive... on 8/5/2022

Since the Supreme Court’s ruling in Fifth Third Bancorp v. Dudenhoeffer, courts around the country have overwhelmingly rejected ERISA fiduciary-breach claims by 401(k) plan participants seeking relief related to investments...more

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws

Jackson Lewis P.C. on 5/13/2022

The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such...more

ERISA Litigation Update: ERISA Fiduciary Duty of Prudence: Fees and Monitoring Investment Options

Stoel Rives LLP on 4/13/2022

Briefed - - Lawsuits targeting ERISA fiduciaries and sponsors are skyrocketing. - A recent SCOTUS decision confirmed duty of prudence requires the fiduciary to monitor plan investment options and remove imprudent...more

Supreme Court backs plan participants in big ERISA case

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 3/31/2022

The Supreme Court told defined contribution sponsors Monday that they have to monitor all investments in plans’ lineups rather than leave the analysis to participants....more

Plan Sponsors on Alert After Recent Supreme Court Decision

Shumaker, Loop & Kendrick, LLP on 3/4/2022

On January 24, 2022, the U.S. Supreme Court handed down an important decision affecting plan fiduciaries who select investment options available to participants in a self-directed employee retirement plan (such as a 401(k)...more

SCOTUS ERISA Fee Litigation Update: Hughes et al. v. Northwestern University

Patterson Belknap Webb & Tyler LLP on 3/3/2022

On January 24, 2022, in a rare, unanimous 8-0 decision (Justice Barrett recused herself from the case), the Supreme Court of the United States (the “Supreme Court”) vacated a Seventh Circuit affirmation of the dismissal of...more

Supreme Court Reinstates ERISA Class Action Alleging Imprudent 403(b) Plan Management

Venable LLP on 3/2/2022

The Supreme Court recently issued a unanimous decision reinstating an ERISA class action against fiduciaries of Northwestern University's 403(b) retirement plans. In Hughes v. Northwestern University, the petitioners alleged...more

Supreme Court Stresses Importance of Ongoing Monitoring of All ERISA Plan Investment Options

Holland & Knight LLP on 2/25/2022

In Hughes v. Northwestern University, current and former participants in Northwestern University's defined-contribution retirement plans filed litigation on behalf of the plans' participants asserting that the University, its...more

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Supreme Court of the United States › Fiduciary Duty

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