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Results: 1-10 of 25

The inattentive fiduciary: when supervisors don’t supervise

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • November 13 2014

The United States Department of Labor recently commenced legal action against a plan investment manager who failed to diversify plan investments

401(k) plans and the free market: is your vendor ever a fiduciary?

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • October 6 2014

The Department of Labor and plaintiffs class action lawyers have been urging the courts to find that 401(k) vendors are fiduciaries when they design

The ambushed fiduciary: does authority over a corporate account cross the line?

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • September 16 2014

Corporate officers can wear two hats under ERISA: the corporate officer hat or the ERISA fiduciary hat. Actions taken wearing the corporate officer

The reckless fiduciary: when are imprudent U.S. fiduciaries liable for plan losses?

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • August 13 2014

"A pure heart and an empty head are not enough." This is a quote from an early case defining the scope of ERISA fiduciary liability. However, ERISA

The mistaken fiduciary: can you correct overpayments to U.S. retirees?

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada, USA
  • -
  • July 7 2014

Even the best run pension plans occasionally pay retirees the wrong amount due to errors in employee classification, or calculating participant

The inadvertent fiduciary: Mass Mutual crosses the line

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada, USA
  • -
  • June 16 2014

Plan fiduciaries are held to the highest performance standards and can be personally liable for breaches of fiduciary responsibility. Because of this

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