Deep Dive into DOL EBSA Enforcement Activities
When it comes to policing of retirement plans by the EBSA, the pace of settlements and corrections remains strong; experts pin this to the relative regional autonomy of...
Tag: ERISA
Fiduciary Fitness
Statute of Limitations
Is there a continuing duty to monitor prohibited transactions?
Compliance News
Compliance News
Bills Addresses Retirement Plan AccessA package of bills sponsored by Senators Cory Booker, D-New Jersey, Tom Cotton, R-Alaska, Heidi Heitkamp,...
Pioneer Money Market Performance ERISA Lawsuit Will Likely Be Amended
An interim ruling in the fiduciary breach case of Barrett vs. Pioneer Natural Resources, in which elements of the defendants’ motion to oppose class certification failed at the...
ERIC Calls on DOL to Issue Detailed Missing Participant Guidance
The letter also asks that until guidance is provided, for the DOL to stop issuing letters that allege an employer has committed a breach of fiduciary duty with respect...
General Cable Snaps Plaintiffs’ ERISA Stock Drop Claims
In this case, the alleged knowledge of an artificially high stock price was rooted in the fact that the company had not disclosed that employees of its foreign...
Second Decision in Wells Fargo Stock Drop Case Parses ‘Loyalty’ and ‘Prudence’
Given a second chance to argue their case, participants in a Wells Fargo retirement plan have again failed to meet the steep pleading standards set out by the...
Appeals Court Upholds Arbitration Ruling Against USC
The panel concludes that the dispute against the University of Southern California fell outside the scope of the arbitration agreements that the participants signed.
AT&T Defeats ERISA Challenge, but Amended Complaint Is Likely
The decision by the U.S. District Court for the Central District of California is short and to the point, stretching just 15 pages and ruling only weakly in...
States Start Knitting a Patchwork of Best Interest Fiduciary Regulations
With the judicial defeat of the Obama-era DOL fiduciary rule hanging in the air, individual states are moving to establish their own best interest regulations for the sale...
District Court Denies Independent Contractors’ Eligibility Arguments, ERISA Suit
“ERISA’s limitations on who employers can exclude from ERISA plans are very narrow,” the decision states. “The law prohibits an employer from denying participation in an ERISA plan...
Rainbow ESOP Challenge Easily Beats Motions to Dismiss
Plaintiffs in the lawsuit are participants and beneficiaries of the Rainbow Disposal Co., Inc. Employee Stock Ownership Plan, who seek to restore losses to the plan and to...
District Court Sides with Checksmart and Cetera in ERISA Fee Litigation
After siding with defendants and applying the shorter of two potential limitations periods, the district court decision states clearly that plaintiff’s claims are foreclosed by ERISA's three-year statute...
Peering Through the Regulatory Kaleidoscope
Spend any significant amount of time in the retirement planning industry and, whatever the role, one will inevitably hear about the negative impact of “regulatory uncertainty.” Has it...
District Court Ruling in Multiemployer Pension Withdrawal Case Okays Use of Segal Blend
The case arose from Manhattan Ford’s withdrawal from the UAW Local 259 Pension Fund, and an arbitrator’s calculation of about $2.55 million in withdrawal liability for the employer....
Allergan Wins Stock Drop Suit Dismissal, Echoing Key SCOTUS Decision
Under the paradigm created by the Supreme Court’s ruling in a case known as Fifth-Third v. Dudenhoeffer, plaintiffs continue to have difficulty proving standing in ERISA stock drop...
DOL Investigation Results in $5 Million ESOP Settlement
The settlement agreement resolves a civil suit brought by the DOL, alleging Cactus Feeders Inc. ESOP fiduciaries failed to fulfill their obligations under ERISA during a December 2010...
MetLife Faces Court Challenges for Pension Risk Transfer and Beneficiary Practices
According to the text of the complaint, the action seeks to hold MetLife accountable for the company’s conversion of more than $500 million in annuitized retirement benefits, interest,...
Lawsuit Argues Health Provider Plan Lost Its Church Plan Status
According to the compliant, the defined benefit (DB) plan was required to adhere to Employee Retirement Income Security Act (ERISA) funding rules.