The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
To survive a motion to dismiss after Hughes v. Northwestern University, plaintiffs will have to allege facts showing the plan fiduciaries have not followed a prudent process in making
Continue Reading Charting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options,
Continue Reading Supreme Court Holds ERISA Requires Plaintiffs to Allege Context-Specific Breaches of Fiduciary Duty to Monitor
The Second Circuit has ruled in a significant decision that ERISA breach of fiduciary claims are not subject to arbitration under an employment arbitration agreement with the employer plan sponsor
Continue Reading ERISA Fiduciary Claims Not Subject to Arbitration
With the pandemic continuing to impact every-day operations of most businesses, opportunities to take advantage of the flexible spending account relief offered in the Consolidated Appropriations Act of 2021 (“CAA”),
Continue Reading It’s Not Too Late: Six Easy Steps to Understanding the Flexible Spending Account Relief That Is Still Available in 2021
On Sept. 14, 2020, New Jersey Gov. Phil Murphy signed into law S2380, which creates a rebuttable presumption of workers’ compensation coverage for Coronavirus Disease 2019 (COVID-19) cases contracted
Challenges to the reasonableness of pension plan actuarial assumptions are confronting corporate plan sponsors not only with regard to their own plans but also with respect to the calculation of
Continue Reading Multiemployer Plans Poised For More Assumption Rate Suits
Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators
Continue Reading Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments
On May 4, 2020, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Internal Revenue Service (IRS), Department of the Treasury, and the Employee Benefits Security Administration (EBSA), Department
Continue Reading COBRA Election and Enrollment Deadlines Extended During COVID-19 ‘Outbreak Period’
In its recent decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, the First Circuit Court of Appeals decided that two investment
Continue Reading First Circuit Concludes That Two Private Equity Funds Were Not Liable for Pension Fund Withdrawal Liability of Portfolio Company