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Article

McGuireWoods LLP | USA | 15 Apr 2016

DOL Delivers Final Fiduciary Investment Advice Rule

Last week, the U.S. Department of Labor (DOL) issued a final rule revamping the standards for determining when a party is a fiduciary with respect to

Article

McGuireWoods LLP | USA | 3 Mar 2016

Supreme Court: ERISA Pre-empts Vermont’s Health Data Collection Law as Applied to Self-Insured Health Plans

In Gobeille v. Liberty Mut. Ins. Co., No. 14-181, 2016 U.S. LEXIS 1612 (Mar. 1, 2016), the U.S. Supreme Court held that ERISA pre-empts Vermont's

Article

McGuireWoods LLP | USA | 27 Jan 2016

Supreme Court Rejects ERISA Stock-Drop Complaint for Failing Dudenhoeffer Pleading Standards

Earlier this week, the Supreme Court emphatically reversed the Court of Appeals for the Ninth Circuit in an ERISA stock-drop lawsuit. The Supreme

Article

McGuireWoods LLP | USA | 29 Jun 2015

DOL weighs in on top hat plan dispute

For years courts have struggled with defining what qualifies as a “top hat plan.” The stakes in these cases are often high, as top hat plans are

Article

McGuireWoods LLP | USA | 22 Jan 2015

Court holds employer responsible under ERISA for FICA withholding errors

A federal district court in Michigan recently upheld ERISA benefit claims by participants in a deferred compensation plan arising from the employer's

Article

McGuireWoods LLP | USA | 6 Nov 2014

Latest Harris stock-drop decision a Halloween surprise

Fiduciaries of retirement plans received a nasty pre-Halloween surprise last week when the Court of Appeals for the Ninth Circuit, in Harris v. Amgen

Article

McGuireWoods LLP | USA | 22 Aug 2014

DOL updates guidance on locating and making distributions to missing participants in terminated defined contribution plans

The administrator or other fiduciary of a terminated defined contribution plan may encounter problems locating some participants so that their plan

Article

McGuireWoods LLP | USA | 21 Aug 2014

Tatum “reverse stock-drop” case has important lessons for employers and fiduciaries

Employers and ERISA fiduciaries are painfully aware of the litigation in the past few years asserting breach of fiduciary duty for not selling

Article

McGuireWoods LLP | USA | 28 Jun 2014

Supreme Court: ERISA “stock drop” suits must allege plausible facts to survive motion to dismiss, but no presumption of prudence for ESOP fiduciaries

Yesterday, the Supreme Court vacated the Sixth Circuit's decision in Dudenhoeffer v. Fifth Third Bancorp and directed the court of appeals to

Article

McGuireWoods LLP | USA | 1 Aug 2013

Court rules that private equity funds may be responsible for portfolio company’s pension liability

For the first time, a Federal Court of Appeals has ruled that two private equity funds are "trades or businesses" that could be liable for the

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