Posts tagged “Litigation”

Spence v. American Airlines: Expanding the Playing Field for Fiduciary Liability?
A federal court in Texas has ruled that American Airlines breached its duty of loyalty under ERISA by failing to respond to activities undertaken by a plan investment manager (BlackRock) supporting ESG initiatives. The court was unable to find a breach of prudence—rather it relied solely on the obligation of “loyalty.”

Trump 2.0: Some Predictions
As we enter 2025 there is much speculation about the policies the Trump administration (“Trump 2.0”) will pursue. This blog discusses what might occur under the incoming administration with respect to retirement plans and how the incoming administration could shape the retirement plan landscape.

New Front on Fiduciary Litigation?
As employers have become more attuned to their fiduciary responsibilities, plaintiffs’ attorneys have had to dig deeper to find a basis for suing plan sponsors. Two recent court decisions (Hutchins v. HP Inc and Perez-Cruet v. Qualcomm Inc) reflect diametrically opposing judicial responses to the same new litigation strategy, The Claims Both Hutchins and Perez-Cruet […]

SECURE Act Provisions Start Taking Shape
IRS Guidance on recent legislation helps employers start planning for next few years.

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.

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

Fiduciary Lawsuits: A New Chapter Opening?
A new chapter may be opening in the ongoing saga of litigation against plan fiduciaries. This new chapter could lead plan sponsors and advisors to rethink – and expand – their view of the scope of their fiduciary responsibility. On January 10, the plaintiffs in the lawsuit against New York University’s plans filed an amended […]

Do What You Say You Are Going to Do
The Department of Labor recently filed a lawsuit against Macy’s department store (Acosta v. Macy’s, Inc., S.D. Ohio, No. 1:17-cv-00541, complaint filed 8/16/17). The lawsuit has received some attention among benefits professionals; but this attention has focused on one aspect of the DOL complaint – claims that the tobacco surcharge imposed under the Macy’s health […]