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Decision Alert: On Remand from the Supreme Court, the Seventh Circuit Clarifies How to Plead—and Defeat—ERISA Fiduciary Breach Claims

USA - March 27 2023 On Thursday, March 23, 2023, the Seventh Circuit held that ERISA plaintiffs must plead facts sufficient to eliminate “obvious alternative…

Michelle N. Webster, Jed W. Glickstein, Reginald R. Goeke, Anthony Gutierrez, Alex C. Lakatos, Ankur Mandhania, Matthew Moscon, Megan E. Troy, Brantley Webb

US Supreme Court Grants Cert in Case Alleging Breach of Fiduciary Duties in Administering Defined Contribution Plans

USA - July 6 2021 On July 2, 2021, the US Supreme Court granted certiorari in Hughes v. Northwestern University, No. 19-1401, to address the pleading standard that…

Jed W. Glickstein, Richard E. Nowak

ERISA Fiduciary Best Practices and Prudence in the Evolving COVID-19 Environment

USA - April 2 2020 These are unsettling times. Seemingly every day brings a new announcement of a state or local shutdown order, a massive bailout package, or the Dow…

Brian D. Netter, Richard E. Nowak

D.C. Circuit Holds That a Participant Who Signed a Release Could Not Assert ERISA Fiduciary Breach Claims on Behalf of Her Retirement Plan

USA - March 30 2020 When an employee separates from employment with a severance payment, the employee will frequently agree to a broad release of claims against the…

Elaine Liu, Brian D. Netter, Richard E. Nowak

Mandatory Arbitration: The Next Frontier for ERISA Retirement Plans?

USA - September 12 2019 On August 20, 2019, a Ninth Circuit panel in Dorman v. Schwab, No. 18-15281, reversed the district court’s denial of Schwab’s motion to…

Richard E. Nowak