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Alston & Bird LLP | USA | 13 Nov 2014

ERISA fiduciary decisions: making changes to your qualified plan's investment lineup

From time to time, fiduciary committees need to consider whether to make a change in the investment alternatives available in their retirement plans


Alston & Bird LLP | USA | 29 Sep 2014

Third Circuit serves up big win for retirement plan service providers

The U.S. Court of Appeals for the Third Circuit recently issued an important decision in one of the many cases alleging that financial services


Alston & Bird LLP | USA | 24 Jul 2014

Notice to late filers of Form 5500 regarding relief from penalties under the Internal Revenue Code and reminder about fee disclosures

This advisory addresses an important update regarding additional steps that plan administrators must take, in order to avoid penalties under the


Alston & Bird LLP | USA | 27 Jun 2014

Supreme Court rejects “presumption of prudence” for ESOP fiduciaries, but nonetheless sets a high bar for the plausibility of employer stock drop claims.

On June 25, 2014, the Supreme Court issued its decision in Fifth Third Bancorp v. Dudenhoeffer. In a unanimous decision, the Court overruled the


Alston & Bird LLP | USA | 7 May 2014

Supreme Court agrees to consider yet another “presumption” out of the Sixth Circuit: that retiree health care benefits are intended to be vested for life, absent clear plan or bargaining agreement language to the contrary

In the ERISA world, the Supreme Court has already granted a petition for certiorari of a Sixth Circuit case in order to consider one significant


Alston & Bird LLP | USA | 10 Apr 2014

Second federal judge rejects hospital’s blind faith on ERISA’s “church plan” exemption

A flurry of five similar lawsuits filed in the last year challenge the application of ERISA's church plan exemption to pension plans sponsored by


Alston & Bird LLP | USA | 19 Mar 2014

Controversial Sixth Circuit panel’s decision on disgorgement of profits in ERISA disability benefits case set for oral argument in rehearing en banc

In Rochow v. Life Ins. Co. of Am., 737 F.3d 415 (6th Cir. 2013), a panel of judges for the Sixth Circuit awarded an ERISA disability benefits


Alston & Bird LLP | USA | 21 Jan 2014

To what extent can an ERISA fiduciary rely on legal advice?

The facts of Clark v. Feder Semo and Bard, P.C., No. 12-7092, 2014 WL 42976 (D.C. Cir. Jan. 7, 2014) are relatively simple. A law firm, Feder Semo


Alston & Bird LLP | USA | 9 Jan 2014

District Court checks out of proposed marriott class certification in ERISA lawsuit

On January 7, 2014, Judge Roger W. Titus of the United States District for the District of Maryland rejected a request for class certification by


Alston & Bird LLP | USA | 19 Dec 2013

Federal judge holds dignity health plan is not a "church plan" exempt from ERISA

Last Thursday, Judge Thelton Henderson of the United States District Court for the Northern District of California denied Dignity Health's motion to

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