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109 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

Sullivan & Worcester LLP | USA | 14 Dec 2016

Art Advisors are Not Always FiduciariesLawsuit over Cady Noland "Log Cabin" Dismissed

The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier's sale to the Russian billionaire of Leonardo's Salvator Mundi (and a recent

Article

Morgan Lewis | USA | 9 Sep 2016

In Eagerly Awaited Ruling, AXA Beats Excessive Fee Claim

Following a 25-day bench trial, the US District Court for the District of New Jersey recently ruled against a group of plaintiff shareholders who

Article

Orrick, Herrington & Sutcliffe LLP | USA | 11 Jul 2016

Appellate Court Affirms Dismissal of Certain Claims Against Trustee

On July 5, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed the partial grant of Bank of

Article

Kramer Levin Naftalis & Frankel LLP | USA | 31 May 2016

Implied Right of Action Against Trustees Under the TIA

In two recent cases arising out of the RMBS meltdown of the preceding decade, BlackRock Core Bond Portfolio v. U.S. Bank National Association (S.D.N

Article

Carey Olsen | Guernsey | 8 Feb 2016

To be or not to be “momentous” - trustee court applications in Guernsey

As a trustee, the issue of whether a particular decision is “momentous” is often clear, as is the need to apply to court for its blessing of that

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

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