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ERISA’s Six-Year Statute of Repose for Fiduciary-Breach Claims Can Be Tolled
  • Proskauer Rose LLP
  • USA
  • November 1 2017

The Eleventh Circuit ruled that ERISA’s six-year statute of repose can be tolled by the parties even though it is a statute of repose. During


Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan
  • Proskauer Rose LLP
  • USA
  • June 5 2017

The Fifth Circuit upheld the reimbursement and subrogation terms found in a welfare benefit plan’s one-page SPD that also served as the plan document


Claims Against Investment Adviser in ERISA Fee Litigation Case Dismissed
  • Proskauer Rose LLP
  • USA
  • May 3 2017

A federal district court in North Carolina dismissed claims by BB&T Corp.’s 401(k) plan participants that Cardinal Investment Advisors, LLC, the


Fourth Circuit Concludes That State Law Claims For Life Insurance Benefits Are Preempted
  • Proskauer Rose LLP
  • USA
  • February 3 2017

The Fourth Circuit recently concluded that a Sears employee’s state law claims seeking money damages based on denial of insurance benefits (for


Self-Funded ERISA Plans Subject to California Law Barring Discretionary Clauses
  • Proskauer Rose LLP
  • USA
  • October 26 2016

For nearly three decades, ERISA plans have routinely included a provision that grants plan fiduciaries unfettered discretion to interpret and rule on


ERISA Fee Litigation Continues to Expand with New Claims Seeking to Impose Heightened Fiduciary Standards for 401(k) Plans
  • Proskauer Rose LLP
  • USA
  • July 31 2016

Buoyed by their recent success in fee litigation cases against plan fiduciaries, plaintiffs' counsel are bringing more lawsuits seeking to impose


Fidelity Prevails In ERISA Float Litigation
  • Proskauer Rose LLP
  • USA
  • July 29 2016

The First Circuit joined the Eighth Circuit in finding that Fidelity’s practice of earning overnight “float” interest on the cash paid out to 401(k)


Tulio D Chirinos
  • Proskauer Rose LLP