Supreme Court Takes on Intel Case About ‘Actual Knowledge’

The investment committee for two Intel Corporation retirement plans asked the court to determine whether the provision of plan documents, in itself, creates for participants “actual knowledge” of an alleged fiduciary breach under the Employee Retirement Income Security Act (ERISA).

Supreme Court Denies Chevron Stable Value ERISA Litigation Review

Specifically, the petition for writ of certiorari asked the Supreme Court to answer the question: “In pleading a breach of fiduciary duty under ERISA, is it sufficient for a plaintiff to allege a deficient decision-making process indirectly through inferences from the facts known to her?”

Participant Loans: A Fiduciary Storm Brewing?

Bruce Ashton, with Drinker Biddle & Reath, discusses the fiduciary risk defined contribution (DC) plan sponsors could face when participants default on plan loans.

Third-Party Litigation Funders and ERISA Suits

ERISA attorneys say it is not common to see third parties providing financial support to litigants in the retirement plan industry, despite the significant complexity and cost of ERISA litigation.