Compliance | September 15th, 2023 The Fiduciary Exception to Attorney-Client Privilege Sponsors should know when their legal communications are privileged and when they are not.
Compliance | August 22nd, 2023 ERISA Plan Litigators Use ‘More Credible’ Tactics in First Half of 2023 Mid-year report finds there were fewer cases filed, as plaintiff law firms catch up on those they brought in 2022,...
Compliance | August 14th, 2023 Missouri Anti-ESG Rules Pre-empted by ERISA, Lawsuit Says To the extent that they apply to pensions and other ERISA plans, the state-level regulations are pre-empted by federal law,...
Compliance | July 18th, 2023 Verizon Reaches $30M Settlement in 401(k) Complaint The 2016 lawsuit accused Verizon of failing to monitor a hedge fund in its retirement plan TDFs.
Compliance | July 17th, 2023 DOL Secures $124 Million Settlement on Behalf of DST Systems Participants DST Systems Inc. was accused of mismanaging its profit-sharing 401(k) plan and failing to diversify the plan’s assets, which resulted...
Compliance | July 12th, 2023 Terminated Employee Alleges Twitter Didn’t Pay Promised Severance The proposed class action brought by Twitter’s former head of people experience alleges Elon Musk and X Corp. violated ERISA...
Compliance | July 7th, 2023 District Court Rejects Class Certification in Remanded Case Against TIAA The proposed class of participants in Washington University in St. Louis retirement plans was rejected by the same judge who...
Compliance | June 5th, 2023 Pilot Claims American Airlines Prioritized ‘Underperforming’ ESG Funds A class action complaint brought against American, Fidelity and Edelman Financial Engines targets ESG 401(k) investments.
Compliance | September 16th, 2021 Court Dismisses ERISA Suit Against CommonSpirit The complaint had taken issue with the plan’s use of the Fidelity Freedom Funds TDF series and its recordkeeping fees.
Compliance | June 22nd, 2021 PSNC 2021: Fiduciary Mistakes to Avoid ERISA attorneys advised plan sponsors to shore up their cybersecurity efforts and continue regular benchmarking work.
Compliance | June 7th, 2021 Northern Trust Challenged in Second ERISA Suit The lawsuit alleges the company failed to regularly monitor plan investments or remove ones that became imprudent.
Compliance | June 1st, 2021 Lowe’s Files Partial Settlement in ERISA Case The lawsuit had accused the company of making imprudent investment choices.
Compliance | April 1st, 2021 ICON Clinical Research Sued for Excessive Fees The text of the new complaint closely resembles others from the increasingly well-known law firm Capozzi Adler, which has filed...
Compliance | September 30th, 2020 Judge Rejects AT&T ERISA Suit Over Early Retirement Benefits U.S. Magistrate Judge Sallie Kim called the plaintiffs’ claims ‘both internally inconsistent and illogical.’
Compliance | September 21st, 2020 AutoZone ERISA Challenge Drives Ahead The fiduciary breach lawsuit, which has now cleared the motion to dismiss stage, does not name Prudential as a defendant,...
Compliance | October 8th, 2018 ERISA Self-Dealing Lawsuit Calls SEI Plan ‘Captive Customer’ According to the lead plaintiff, the DC plan in question offers only investment options that generate fees for SEI and...
Compliance | July 2nd, 2018 Cactus Feeders ESOP Fiduciaries Agree to Sizable DOL Settlement Lubbock National Bank, the ESOP’s trustee, has also agreed to take steps that will ensure it fulfills its fiduciary obligations...
Compliance | May 29th, 2018 Court Tosses Suit Over Including Former Parent Stock in Phillips 66 Plan The court found plaintiffs failed to state a claim for relief based on ERISA’s duty to diversify and failed to...
Compliance | May 24th, 2018 University of Chicago Settles 403(b) Plans Excessive Fee Suit In addition to a monetary payment, the university has agreed to structural changes to its 403(b) plans.
Compliance | May 21st, 2018 Plan Sponsor Interpretation Must Be Given Deference in Lawsuits Challenging Plan Terms The 6th Circuit noted that Firestone Tire & Rubber Co. v. Bruch, in which an arbitrary-and-capricious standard of review is...