
Spence v. American Airlines: Expanding the Playing Field for Fiduciary Liability?

DOL Tries (Again) to Redefine ERISA Investment Fiduciary
DOL takes another swing at redefining investment fiduciaries

SECURE 2.0 Guidance Helps Plan Sponsors Clean the Slate
This IRS has issued Notice 2023-43 as regulators begin the job of issuing the guidance needed to implement the provisions of SECURE 2.0. This Notice makes it easier for plan sponsors to correct administrative errors–without the need for IRS filings or penalties. Mistakes Happen–So What to Do? Since 1991 the IRS has had a program […]

DOL Revamps ESG Guidance
The U.S. Department of Labor has issued new final regulations, revising regulations adopted in 2020, that attempt (once again) to clarify how plan fiduciaries can consider the use of environmental, social and governance factors (“ESG”) in making plan investment decisions. The final regulations also contain guidance on fiduciary considerations in proxy voting. Why the Fuss? […]

Courts of Appeals Reject Generalized Allegations
The ERISA world focused much energy and attention on the U.S. Supreme Court’s decision in Hughes v. Northwestern University, in which the Court reinstated a fiduciary suit against Northwestern University. In the aftermath of the Court’s decision, many analysts concluded that the decision would make life even more difficult for plan fiduciaries seeking to fend […]

Supreme Court Weighs in (Marginally) in Fiduciary Litigation
Fiduciaries responsible to exercise prudence in all decisions—not just some.

TIAA Sanctioned for Misleading Plan Participants
TIAA’s business interests conflicted with those of the employer-sponsored plans record kept by TIAA–and TIAA chose to serve its own interests over those of its clients.

Plan Data: What is "Secure"?
What does it mean for a retirement plan to “protect” data–and are barriers to unauthorized access limited to blocking hacks?

Fiduciary Litigation Update
Plaintiffs’ must use truly comparable benchmarks in claiming imprudent fiduciary decisions.

Outgoing Administration Offers a Few Parting Shots
Recent guidance from the DOL illustrates the outgoing administration’s desire to leave its mark.