Litigation Series
Q2: Litigation Landscape: Supremes Settle ERISA Burden of Proof, DOL Rethinking ESG, Jury Trial Renders Big Award, and Forfeiture Suits Still Surging
The second quarter turned out to be another tumultuous period of litigation, kicking things off with a unanimous…
Q1 Litigation Landscape: Supremes Consider ERISA Proof, One Judge Says Fiduciaries Blinded by ESG Focus, Another Backs ESG Rule
The year is new, but the litigation landscape is already littered with a mix of fresh and familiar challenges. The…
Q4 Litigation Landscape: A “Historic” Excessive Fee Suit, Supreme Court Takes Up ERISA Burden of Proof Case, While More Forfeiture Reallocation Suits Fall Short
A record settlement was reached in an excessive fee case where the plan sponsor fiduciaries continually failed to remove…
Q3 Litigation Landscape: A “Flurry” of Forfeiture Suits, A New Focus for Fiduciary Litigation & SCOTUS Expands Litigation Window
Employee Retirement Income Security Act (ERISA) litigation is not slowing down. Here are five key points from the…
Agency Deference Dumped, The Fiduciary Rule Returns – and is Promptly Put on Hold & A “Miss” Managed Account
The most significant litigation event of the second quarter – if not the past quarter-century – came on the last day…
New Suits, TDF Demographics & a Prudent Process Primer
The new year has brought with it two new genres of Employee Retirement Income Security Act (ERISA) litigation…
Q4 2023 Litigation Landscape: Targeting TDFs, “Meaningful” Markers & Pre-Litigation Letter Campaigns
Retirement plan litigation continues at a rapid pace and with massive, surprisingly quick, settlement numbers. The…