Supreme Court upholds health care reform *

USA - June 28 2012
The Supreme Court ruled today that the Patient Protection and Affordable Care Act’s individual mandate was a valid exercise of Congress’s power to tax.

Co-authors: Leslie J. Anderson, Timothy D. S. Goodman, Stephen P. Lucke.

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The importance of “a deliberative process”: Missouri federal court finds plan fiduciaries liable for breach of fiduciary duty in Tussey v. ABB Inc. *

USA - April 4 2012
Following a four-week bench trial in the case of Tussey v. ABB Inc. (W.D. Mo. Mar. 31, 2012), Judge Nanette K. Laughrey found that ABB’s 401(k) plan fiduciaries breached their duties to plan participants by failing to monitor recordkeeping costs, negotiate rebates and prudently select and retain investment options.

Co-authors: Britta Loftus.

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Supreme Court agrees to review the Patient Protection and Affordable Care Act *

USA - November 14 2011
Today, the Supreme Court announced that it would review the Eleventh Circuit’s decision striking down the Patient Protection and Affordable Care Act (the “Act”) as unconstitutional.

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Second Circuit decision favors fiduciaries in 401(k) company stock cases *

USA - October 19 2011
Employers that sponsor 401(k) plans allowing investments in company stock can breathe easier with the Second Circuit’s decisions today in Gray v. Citigroup Inc. and Gearren v. McGraw-Hill Cos.

Co-authors: Stephen P. Lucke.

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DOL proposes to change who is a fiduciary under ERISA with respect to investment advice *

USA - March 9 2011
Last week, the Employee Benefit Security Administration of the Department of Labor (DOL) held a hearing to review newly proposed regulations that would greatly expand the circumstances in which an individual who provides investment advice to a benefit plan or its participants becomes a fiduciary under ERISA.

Co-authors: Timothy D. S. Goodman.

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