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Results: 1-10 of 157

7th Circuit: one step closer to gutting stock drop liability

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 15 2013

Recently, in White, et. Al. V. Marshall & Ilsley Corp., the Seventh Circuit concluded that a claim against an Employee Stock Ownership Plan can be

Second Circuit revisits application of Moench presumption

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2013

"What does the plan document say?," is a popular refrain heard from ERISA attorneys. That, it turns out, is the same question the Second Circuit

No more beating around the bush: the Seventh Circuit finally adopts the Moench presumption

  • Alston & Bird LLP
  • -
  • USA
  • -
  • April 30 2013

In multiple preceding cases, the Seventh Circuit had noted the Moench presumption (which readers of this blog will know is named after the seminal

Wheels Common Investment Fund Trustees Ltd and others v Commissioners for Her Majesty’s Revenue & Customs

  • RPC
  • -
  • European Union, United Kingdom
  • -
  • April 25 2013

The Court of Justice of the European Union (CJEU) has given its judgment in Wheels Common Investment Fund Trustees Ltd and others v Commissioners for

Separate account administrator isn't ERISA fiduciary

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 22 2013

On April 16th, the Seventh Circuit affirmed the dismissal of a lawsuit that sought to hold American United Life Insurance Co. ("AUL") liable as an

Seventh Circuit issues sweeping decision in favor of fiduciaries in a 401(k) stock drop case

  • Sidley Austin LLP
  • -
  • USA
  • -
  • April 22 2013

The United States Court of Appeals for the Seventh Circuit for the first time announced that it was adopting the Moench presumption of prudence to

SDNY relies on Moench and In Re Citigroup ERISA litigation to find for fiduciaries in stock-drop cases

  • Day Pitney LLP
  • -
  • USA
  • -
  • April 17 2013

In two recent decisions issued by the Southern District of New York, the court held that the decision to offer company stock in a 401(k) Plan during

Ninth Circuit affirms Tibble v. Edison International: what does this decision mean for plan fiduciaries?

  • Trucker Huss APC
  • -
  • USA
  • -
  • April 4 2013

On March 21, 2013, the Ninth Circuit issued its opinion in Tibble v. Edison International, affirming the district court's decision in a case where

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

Ninth Circuit rules on breach of fiduciary duty claim in investment options case

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 28 2013

In Tibble v. Edison Int'l, 10-cv-56406, 2013 WL 1174167 (9th Cir. Mar. 21, 2013), the Ninth Circuit Court of Appeals ruled that 401(k) plan

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