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HTMLU. S. Supreme Court Issues Ruling on Duty of Prudence for Investment Options Made Available Under 401(k) Plan
Duane Morris LLP;
Legal Alert/Article
May 28, 2015, previously published on May 26, 2015
On May 18, 2015, a unanimous Supreme Court of the United States held that there is a continuing duty of prudence with respect to investment options made available under a 401(k) plan and that claims of a breach of such fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA)...


HTMLThird Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 27, 2015, previously published on May 14, 2015
Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not unfettered. Reviewing the language in the ERISA statute, the...


HTMLDoes Your Retirement Plan Fiduciary Monitor Your Plan Investments?
Antoinette M. Pilzner, Dale R. Vlasek, John M. Wirtshafter; McDonald Hopkins LLC;
Legal Alert/Article
May 25, 2015, previously published on May 20, 2015
In its May 18, 2015, decision in Tibble v. Edison International (Tibble), the U.S. Supreme Court confirmed that the fiduciaries of a retirement plan have an ongoing duty to review the appropriateness of investment options offered to plan participants.


HTMLDuty to Monitor Investments Extends Statute of Limitations for Fiduciary Breach Claim Says Supreme Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 22, 2015, previously published on May 20, 2015
The Supreme Court has decided an important statute of limitations issue in an ongoing fiduciary breach case, Tibble v. Edison International. Tibble has attracted attention up to this point for its substantive claim: that plan fiduciaries breached their duty of prudence when they failed to use the...


HTMLPensions Ombudsman: Law Trumps Regulatory Guidance
James Borshell, Elmer Doonan, Jay Doraisamy; Dentons Canada LLP;
Legal Alert/Article
May 20, 2015, previously published on April 30, 2015
"Classic" pensions liberation involves transferring pension savings from a legitimate pension scheme to a scheme which provides access to those savings in a manner that is not permitted under a legitimate pension scheme and will lead to additional tax charges and penalties. The end result...


HTMLSupreme Court Instructs Ninth Circuit to Consider Common Law of Trusts in Applying ERISA's Statute of Limitations
Wilson G. Barmeyer, Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2015, previously published on May 20, 2015
The Supreme Court has once again emphasized the importance of ERISA’s origins in the common law of trusts, this time in interpreting its statute of limitations. On May 18, the Court reversed the Ninth Circuit’s decision in Tibble v. Edison1, which had held that a claim for breach of...


HTMLERISA Fiduciaries Must Continuously Monitor 401(k) Investment Choices
Sandra Mills Feingerts, Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting investments in the first place. The Court overturned a decision by the U.S....


HTMLMultiemployer Pension Reform
Robert C. Christenson; Fisher & Phillips LLP;
Legal Alert/Article
May 19, 2015, previously published on May 1, 2015
Employers and unions locked into failing multiemployer pension plans received an 11th-hour reprieve in late December when Congress passed legislation revising laws that had hobbled these plans for years. Titled the “Multiemployer Pension Reform Act of 2014,” the reforms give...


HTMLArizona's "Whistleblower" Laws: Tread Carefully
Kraig J. Marton, Jeffrey Silence; Jaburg Wilk;
Legal Alert/Article
May 18, 2015
A ¿whistleblower¿ is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for ¿blowing...


HTMLSupreme Court Ruling Limits PPF Protection for Schemes with No UK Employers
Elmer Doonan, Jay Doraisamy, Paul Lawrence, Andrew Patten; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on May 7, 2015
In October 2009, the Greek courts ordered the winding up of the Greek national airline, Olympic Airlines. Olympic ran flights from UK airports, employing 27 employees in the UK, dealing with things such as ticket sales. In early 2010, the airline's Greek liquidator closed its Heathrow ticket office...


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