Section Newsletter Articles on ERISA
Investment advisors subject to the fiduciary standard or the suitability standard (Part I)
Business and Securities Law
, May 2016
Newly proposed Department of Labor rules include a modification of the existing “fiduciary standard” under the Employee Retirement Income Security Act. The expanded definition of fiduciary would now include many investment advisors, such as 401K plan advisors, IRA investment advisors, broker-dealers and insurance agents, to whom the fiduciary standard did not previously apply.
Paid sick time laws sweep the nation
, April 2015
Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Smith v. Aegon Companies Pension Plan: Enforceability of venue selection clauses
, December 2014
While some district courts, such as the Northern District of Illinois in Coleman v. Supervalu, Inc. Short Term Disability Program have agreed with plan participants that venue selection clauses are inconsistent with ERISA, the Sixth Circuit’s recent 2-1 decision in Smith v. Aegon Companies Pension Plan lends strong support for the prevailing view among the district courts that such clauses are enforceable.
Time is not relative for ERISA statutes of limitation
, May 2014
On Dec. 16, 2013, the U.S. Supreme Court announced that an Employee Retirement Income Security Act plan’s own contractual time period for contesting plan benefit disputes is enforceable.
Federal case update
, February 2014
Recent cases of interest to employee benefits practitioners.
A summary of the anti-cutback rule
, February 2014
A brief overview of some of the components that have been included in a court’s analysis of the anti-cutback rule including examples of that analysis.
Federal successor liability under ERISA and the MPPAA
Labor and Employment Law
, July 2013
This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.
Case update: In Re: Citigroup ERISA Litigation
, November 2011
The In Re: Citigroup decision contains the most substantive discussion of the Court’s analysis addressing the legal standard governing breach of fiduciary duty claims brought against plan administrators of 401(k), ESOP and other forms of eligible individual account plans that maintain company stock in the plan when there is a substantial decline in price of the stock.
CIGNA Corp. v. Amara case update
, September 2011
The case signals a likely expansion of the remedies under ERISA’s § 502(a)(3), which provides for “appropriate equitable relief.”
, September 2010
Some suggestions for which books to use when beginning your ERISA research.
Business Advice and Financial Planning
, December 2009
During the economic downturn, it has become commonplace for putative class action lawsuits to be filed under the Employee Retirement Income Security Act of 1974 (“ERISA”) on the heels of federal securities cases against publicly traded companies and the directors and officers at their helm.
The Efficient Market Hypothesis and ERISA
, September 2009
EMH holds that the price of a stock incorporates all publicly available information about the company; it follows that plan fiduciaries are entitled to rely on that valuation and are not required to second-guess the market.
Privacy: Social Security numbers
, September 2009
ERISA has a little-known privacy provision in Section 106(b) which restricts the disclosure of certain information about participants.
401(k) Fiduciary Duties: Continuum of Ambiguities
, June 2009
401(k) revenue sharing and plan fiduciary duty litigation is becoming a complex area of law. With an increasing number of claims alleging breach of fiduciary duties and fee disclosure, employers and plan sponsors are looking for direction in this confusing area of ERISA law.