Compliance | April 8th, 2020 Parties in JPMorgan Self-Dealing Suit Reach Settlement The lawsuit alleged plan fiduciaries acted for their own benefit by forcing participants to choose among costly investments managed by...
Compliance | April 7th, 2020 Appellate Court Says Mercy Health’s Pension Plan Is a Church Plan However, the case was sent back to a federal district court to determine whether ERISA’s church-plan exemption violates the Establishment...
Compliance | April 3rd, 2020 ERISA Lawsuit Activity Continues Despite Court Lockdowns Plan sponsors should continue to pay attention to litigation and consider what litigation may arise.
Compliance | April 1st, 2020 Teva Pharma Must Face ERISA Fiduciary Breach Discovery, Trial The plaintiffs have successfully amended their complaint and “plead charts, comparative studies and specific facts” necessary to proceed into discovery.
Compliance | March 31st, 2020 Supreme Court Denies Review of UPenn ERISA Lawsuit A last ditch effort to point out that another circuit found no evidence of fiduciary misconduct in a similar case...
Compliance | March 30th, 2020 Trial Ordered for Anheuser-Busch ERISA Lawsuit The complaint echoes other cases challenging actuarial assumptions used in calculating DB plan benefits.
Compliance | March 30th, 2020 Fiduciary Failures Affirmed in Fidelity Self-Dealing Challenge A new district court ruling finds Fidelity liable for certain fiduciary breaches in the operation of its own retirement plan,...
Compliance | March 27th, 2020 Lawsuit Over Asset-Based Fees for Nationwide’s Retirement Plan Program Dismissed The parties say they have reached a confidential settlement resolving all claims.
Compliance | March 26th, 2020 Lawsuit Accuses Nationwide of Trying to Profit From 401(k) Investment The complaint says plan fiduciaries failed to negotiate fixed-interest contract terms for the 401(k) that were as good as the...
Compliance | March 26th, 2020 Appellate Court Adds Color to Northwestern University’s ERISA Suit Win Throughout the 7th Circuit’s decision, it contends the plaintiffs put forth their own opinions and preferences rather than evidence of...
Compliance | March 25th, 2020 Central States Wins Lawsuit Over Kroger Withdrawal It was the documented process of the multiemployer plan trustees’ considerations of withdrawal proposals by Kroger that helped them win...
Compliance | March 20th, 2020 401(k) Plan Fiduciaries to Pay for Failure to Remit Participant Loan Repayments A court judgment requires the fiduciaries to not only restore the unremitted repayments to the plan, but also $16,782.80 in...
Compliance | March 19th, 2020 Insurance Company to Pay $3 Million to ESOP for Alleged Share Overpayment The DOL alleges that the company’s president influenced an appraiser’s valuation and the ESOP’s trustee didn’t do his due diligence...
Compliance | March 18th, 2020 Judge Moves Forward Suit Over Walgreen Plan TDF Mismanagement The judge rejected the defendants’ argument that the complaint cannot be based solely on the funds’ underperformance but must contain...
Compliance | March 17th, 2020 New Lawsuit Accuses Wells Fargo 401(k) Plan Fiduciaries of Self-Dealing Motives behind keeping higher cost, underperforming funds in plan alleged in the lawsuit include providing seed money for Wells Fargo...
Compliance | March 16th, 2020 Union Plan Member’s Lawsuit Over Unfunded Benefit Liabilities Dismissed The lawsuit was previously dismissed because the alleged breach of fiduciary duty involved the amendment of plan benefits, which is...
Compliance | March 16th, 2020 BOK Financial Accused of Only Self-Interest When Selecting and Retaining 401(k) Plan Funds Underlying investments in funds using BOK’s CIT structure, as well as the use of BOK’s proprietary money market fund, are...
Compliance | March 13th, 2020 Salesforce Accused of Fiduciary Imprudence in New ERISA Lawsuit Case documents show Salesforce has actually changed some of the practices that are criticized in the complaint, but the plaintiffs...
Compliance | March 13th, 2020 Mediation Leads to $29M Settlement in SunTrust ERISA Litigation The underlying lawsuit alleged that SunTrust Bank’s 401(k) plan engaged in corporate self-dealing at the expense of plan participants.
Compliance | March 11th, 2020 Invesco Agrees to Pay Nearly $3.5 Million to Settle Self-Dealing Claims The firm has also agreed to offer non-proprietary ETFs in its 401(k) plan’s self-directed brokerage account.