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The Teflon Fiduciary: could your U.S. adviser avoid responsibility for bad advice?

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • April 3 2014

Ronald Reagan was referred to years ago as "the Teflon President" because voters never seemed to hold him responsible for his administration's

PBGC finds deep pocket in Japan: U.S. court finds parent liable for termination underfunding

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 24 2013

As the U.S. Pension Benefit Guaranty Corporation (PBGC) faces increasing strain on the pension insurance program it runs, it has become more

Another participant challenge to defined benefit plan investments: could your plan defend its investment program?

  • Osler, Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • October 7 2013

The focus of U.S. litigation challenging plan investments has been 401(k) plans, but that may be changing. Defined benefit plan sponsors may have

Can a class of participants challenge 401(k) plan investments? An appeals court says “yes”

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • September 3 2013

One participant's investment losses don't generate recoveries or legal fees sufficient to interest many plaintiffs' lawyers in filing suit, so often

Canadian (and U.S.) investment funds face new risk of pension liability what’s keeping fund sponsors up at night

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada, USA
  • -
  • August 13 2013

A recent U.S. court case has significant implications for private equity (PE) funds that make investments in U.S. portfolio companies, and by

Verizon de-risking challenge dismissed maybe not ended

  • Osler, Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • July 2 2013

U.S. defined benefit plan sponsors have been eager to explore de-risking options to control asset volatility and remove pension liabilities from

De-risking on trial? U.S. Verizon litigation still active

  • Osler, Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • April 11 2013

In our March 13 webinar on de-risking defined benefit pension plans, I stated that the U.S. litigation launched by a group of Verizon retirees

Do investment funds share their portfolio companies’ ERISA liability? A U.S. district court says no

  • Osler, Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • November 12 2012

In 2007, the U.S. Pension Benefit Guaranty Corporation (PBGC) created a furor in the investment and employee benefits worlds when it issued an advisory opinion finding that a private equity fund that owned at least 80 of a portfolio company could be liable for the portfolio company’s plan termination underfunding under Title IV of the U.S. Employee Retirement Income Security Act (ERISA

Does your 401(k) plan have an investment policy statement? That's great, but do your fiduciaries follow it?

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • May 4 2012

Although investment policy statements are not required by the U.S. Employee Retirement Income Security Act (ERISA), it is highly recommended that every 401(k) plan have one

Have you assumed pension termination liability? Long arm of the U.S. PBGC reaches non-U.S. parent

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada, USA
  • -
  • April 20 2012

One of the most difficult rules for our non-U.S. based clients to accept is controlled group liability for plan termination under Title IV of the Employee Retirement Income Security Act of 1974, as amended (ERISA