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Fifth Circuit: Plaintiff Not Entitled to Attorneys’ Fees For Obtaining Remand on Appeal

USA - July 9 2020 The Fifth Circuit concluded that an individual plaintiff was not entitled to attorneys’ fees, even though she persuaded the Fifth Circuit to vacate…

Kyle C. Hansen.

“Divane Intervention”: ERISA 401(k) Plan Investment Claims Dead On Arrival

USA - July 9 2020 A federal district court in Illinois recently dismissed “excessive fee” and “imprudent investment” claims against the plan fiduciaries of the…

Kyle C. Hansen.

ERISA Newsletter - Second Quarter 2020

USA - July 6 2020 This practice note explains the doctrine commonly referred to as the fiduciary exception to the attorney-client privilege. It is important for plan…

Adam W Scoll, Annie (Chenxiaoyang) Zhang, Benjamin O. Flaxenburg, Elizabeth D Down, Ira G Bogner, James W. Barnett, Jennifer Rigterink, Justin S Alex, Kaitlin E. Hulbert, Katrina E McCann, Kyle C. Hansen, Malerie Bulot, Myron D Rumeld, Pamela A Onufer, Paul M. Hamburger, Randall Bunnell, Robert M Projansky, Seth J Safra, Steven D Weinstein, Tulio D Chirinos.

Department of Labor Proposal Would Curtail ESG Investing

USA - July 1 2020 On June 23, 2020, the U.S. Department of Labor (the “DOL”) issued a proposed rule (which was published in the Federal Register on June 30, 2020) that…

Adam W Scoll, Ira G Bogner, Kyle C. Hansen, Seth J Safra, Steven D Weinstein.

Fifth Circuit Upholds Dismissal of Diversification and Prudence Claims Targeting A Single Stock Fund in a 401(k) Plan

USA - June 29 2020 The Fifth Circuit in Schweitzer v. Inv. Comm. Of Phillips 66 Sav. Plan dismissed claims against 401(k) plan fiduciaries related to allowing plan…

Benjamin O. Flaxenburg, Seth J Safra.