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HTMLSet It and Forget It? Not so Fast, Says the Supreme Court in Tibble
Preston R. Burch, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2015, previously published on May 18, 2015
On May 18, 2015, the Supreme Court of the United States rendered a much anticipated (by ERISA attorneys, at least) decision in Tibble v. Edison International, clarifying a relatively narrow but still significant issue involving fiduciary responsibilities and retirement plan investments. Tibble v....

 

Adobe PDFDOL Has Many Questions About its Fiduciary Reproposal
Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, Vanessa A. Scott, W. Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 29, 2015, previously published on May 28, 2015
As has been widely reported, the U.S. Department of Labor (DOL) on April 14 issued its proposal to expand the definition of investment advice fiduciary under the Employee Retirement Income Security Act (ERISA). DOL included in that package more than 170 questions concerning its proposal or matters...

 

Adobe PDFSupreme Court Rules on Statute of Limitations for Claims Against Plan Fiduciaries: Statute of Limitations for ERISA Fiduciary Claims Can Run From the Date of a Failure to Monitor Investments, Not Merely From the Date of the Initial Investment Decision
Sullivan Cromwell LLP;
Legal Alert/Article
May 28, 2015, previously published on May 19, 2015
Yesterday in Tibble et al., Petitioners v. Edison International et al., the U.S. Supreme Court ruled that the six-year statute of limitations for claims against ERISA fiduciaries runs from the date of a failure to monitor investments, and not simply from the date of the initial investment decision....

 

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...

 

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....

 

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...

 


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