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29 results found

Article

McDermott Will & Emery | USA | 11 Apr 2018

ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements

The US Department of Labor has taken the position that certain indemnification clauses are void against public policy under Section 410 of ERISA. This

Article

Porter Wright Morris & Arthur LLP | USA | 15 May 2017

Will the DOL continue to make ESOPs a compliance priority?

One question that has been on the minds of plan sponsors is how aggressive the Department of Labor (DOL) under President Trump will be compared to

Article

Porter Wright Morris & Arthur LLP | USA | 15 May 2017

Will the DOL continue to make ESOPs a compliance priority?

One question that has been on the minds of plan sponsors is how aggressive the Department of Labor (DOL) under President Trump will be compared to

Article

Nixon Peabody LLP | USA | 15 May 2017

Hugler v. Vinoskey: Court holds that employee of corporate trustee might be personally liable for breach of fiduciary duty

In the latest of a series of ESOP stock purchase cases, a court recently held that an in-house attorney who oversaw a private company sale to an ESOP

Article

Proskauer Rose LLP | USA | 18 Dec 2014

How to settle an ERISA breach of fiduciary duty case and sleep at night: a checklist for plan trustees to consider

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough

Article

Blank Rome LLP | USA | 26 Oct 2011

401(k) investment menu held prudent

Most 401(k) plans permit a participant to direct the investment of his or her interest among available plan investment options.

Article

Masuda Funai Eifert & Mitchell Ltd | USA | 12 Sep 2011

Potential personal liability possible because of outstanding loans from benefit fund

Recently, the U.S. Department of Labor (“DOL”) filed a lawsuit against the United Employee Benefit Fund (the “Fund”) and its two trustees for ERISA violations with respect to improper loans from the Fund.

Article

Proskauer Rose LLP | USA | 9 Sep 2011

"Surcharge" as monetary relief after Amara

In CIGNA Corporation v. Amara, 131 S. Ct. 1866 (U.S. 2011), the Supreme Court held that ERISA plaintiffs who seek anything other than benefits pursuant to the governing plan document cannot assert their claims under ERISA Section 502(a)(1)(B).

Article

Winston & Strawn LLP | USA | 22 Aug 2011

Third Circuit affirms dismissal of ERISA case

On August 19th, the Third Circuit held that defendants did not breach their ERISA fiduciary duties by inadequately selecting a mix of investment options for the Unisys 401(k) plan, in which plaintiffs participated.

Article

Winston & Strawn LLP | USA | 15 Aug 2011

Securities lending, repos, and conflicts of interest

On August 5th, a Federal District Court held that JP Morgan Chase ("JPMC") did not breach the duty of loyalty it owed its clients.

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