Compliance | February 8th, 2018 5th Circuit Affirms Dismissal of RadioShack Stock Drop Suit The court found participant claims did not meet standards set forth in Fifth Third Bank v. Dudenhoeffer.
Compliance | February 1st, 2018 DOL Reports Robust ERISA Enforcement in 2017 The Employee Benefits Security Administration (EBSA) restored more than $1.1 billion to retirement plans, health plans and other welfare benefit...
Compliance | January 30th, 2018 Self-Dealing Suit Filed Against Mutual of Omaha The complaint alleges fiduciaries of Mutual of Omaha’s 401(k) plan violated their fiduciary duties by selecting numerous investment options because...
Compliance | January 30th, 2018 Supreme Court Asked to Weigh In on Two Claims Regarding Denial of Benefits A beneficiary of a deceased pension plan participant has filed both a fiduciary violation claim and a claim for benefits,...
Compliance | January 29th, 2018 Request to Appeal Class Certification Denied in Franklin Templeton Suit The firm’s lawyers noted that the plaintiff signed an agreement not to pursue any class action claims, but a Supreme...
Compliance | January 24th, 2018 Ruling in Charles Schwab Self-Dealing Suit Suggests Limits of Arbitration Agreements For one thing, a federal court judge found the defendants provide no authority supporting their contention that a plan document...
Compliance | January 17th, 2018 University of Chicago 403(b) Suit Gets Claims Added Back A federal judge had dismissed claims related to one of the university’s plans, but a new complaint, and a new...
Compliance | January 16th, 2018 Vanderbilt University 403(b) Plan Suit Continues to Next Stage While some claims were dismissed, others were moved forward.
Compliance | December 29th, 2017 Settlement Agreement May Conclude Allianz Self-Dealing Challenge Along with non-monetary relief, Allianz will pay $12 million into a common fund for the benefit of class members, to...
Compliance | December 28th, 2017 Princeton University Lawsuit Stayed While 3rd Circuit Deliberates On the motion for reconsideration of its previous choice to rule against summary dismissal, the court is quite skeptical. It...
Compliance | December 28th, 2017 Great-West Wins Suit Over Key Guaranteed Portfolio Fund A judge ultimately found that Great-West Life & Annuity Insurance Company was not a fiduciary with respect to the fund...
Compliance | December 28th, 2017 Reports Suggest Massive Fraud in DOL Fiduciary Rule Commentary Process So far, reporting seems to suggest that the numerous fraudulent comments submitted to DOL regarding the fiduciary rule were done...
Compliance | December 27th, 2017 Court Finds Divorce Decree Qualifies as QDRO Although the case involves an employer-provided life insurance plan, it has lessons for what constitutes a QDRO for all ERISA...
Compliance | December 22nd, 2017 New EBSA Leader Preston Rutledge Takes Up Trump Agenda Following news of Preston Rutledge’s approval by the full Senate to head the Employee Benefits Security Administration, several retirement industry...
Compliance | December 22nd, 2017 ERISA Litigation Shows No Sign of Slowing in 2018 Proprietary fund lawsuits are viewed by plaintiffs’ firms as one of the types of excessive fee cases that are likely...
Compliance | December 21st, 2017 Tax Bill Impacts Provisions of ERISA Plans The bill does not impact tax breaks for retirement savings.
Compliance | December 18th, 2017 Delta Air Lines Excessive Fee ERISA Lawsuit Dismissed Drawing on a number of recent decisions, the district court ruled the plaintiffs did not adequately describe how the offering...
Compliance | December 14th, 2017 EBSA Nominee Rutledge Advances Through Senate Help Committee Preston Rutledge seems to be enjoying relatively little opposition as he moves closer to becoming the Assistant Secretary of Labor...
Compliance | December 13th, 2017 IRI Warns Conflict of Interest Reforms Could Discourage Annuity Use Investors are generally capable of looking out for their own interests and should have freedom of access to shop the...
Compliance | December 6th, 2017 CenturyLink Faces ERISA Lawsuit on Custom Large Cap Fund Design The complaint seeks to state a claim—without relying on hindsight—by arguing the underperformance of a large cap fund was “virtually...