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Greenberg Traurig LLP | USA | 11 Mar 2021

ERISA Fiduciary Claims Not Subject to Arbitration

The Second Circuit has ruled in a significant decision that ERISA breach of fiduciary claims are not subject to arbitration under an employment…

Proskauer Rose LLP | USA | 10 Mar 2021

Second Circuit Rules ERISA Fiduciary-Breach Claims Are Outside the Scope of General Employment Arbitration Agreement

In response to the deluge of ERISA class action breach of fiduciary duty claims, plan sponsors and fiduciaries have increasingly sought to compel…

Thompson Hine LLP | USA | 22 Feb 2021

Send Out the Search Party: Retirement Plan Fiduciary Duties Under DOL Missing Participant Guidance

The Department of Labor (DOL) recently released documents that retirement plan fiduciaries can use for guidance regarding their duties under ERISA to…

Gowling WLG | United Kingdom | 1 Feb 2021

Do experts owe a fiduciary duty to clients?

The courts have long recognised that certain professionals owe their client a fiduciary duty of loyalty - but does that extend to experts in…

Thompson Hine LLP | USA | 29 Jan 2021

DOL Final Rule on Fiduciaries’ Exercise of Proxy Voting and Shareholder Rights

On December 16, 2020, the Department of Labor (DOL) released a final rule (“Rule”) governing a fiduciary’s duties under ERISA regarding the exercise…

Skadden Arps Slate Meagher & Flom LLP | USA | 18 Dec 2020

Delaware Decisions Highlight Pleading Requirements for Fiduciary Duty Claims in the Face of Disinterested Director Approval

Several recent Delaware decisions have analyzed allegations attempting to plead breach of fiduciary duty claims against executive directors even…

Thompson Hine LLP | USA | 3 Dec 2020

DOL Final Rule for Financial Factors in Selecting Plan Investments

On October 30, the Department of Labor (DOL) released a final rule (“Rule”) governing a fiduciary’s investment duties under ERISA. The DOL’s stated…

Goodell DeVries Leech & Dann LLP | USA | 28 Oct 2020

Clearing the Air: Maryland Court of Appeals Recognizes Stand-Alone Tort of Breach of Fiduciary Duty

In rejecting the maxim that "muddy water, let stand, becomes clear," the Court of Appeals of Maryland, in Plank v. Cherneski, clearly…

Skadden Arps Slate Meagher & Flom LLP | USA | 18 Sep 2020

A Brief Response Regarding Stakeholder Governance

The recently published “The Friedman Essay and the True Purpose of the Business Corporation” defends a view of stakeholder governance that reflects…

Morgan, Lewis & Bockius LLP | European Union, USA | 15 Sep 2020

The Regulatory Landscape Governing ESG Investment

On September 18, 2017, the UK government launched a Green Finance Taskforce to speed up the growth Of green finance (including private-sector…
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