plans governed by ERISA must be established and maintained under written
agreements authorizing fiduciaries to control and manage the plan's operation
and administration. ERISA generally considers an entity a fiduciary to the
extent that it holds discretionary authority or responsibility...
By MARK S. THOMAS & ROBERT W. SHAW
The U.S. Court of Appeals for the Seventh Circuit has
issued another important decision in favor of plans and plan
administrators in a case involving allegations of excessive fees and
expenses. In Loomis, et al. v. Exelon Corporation, et al. , Nos.
By Pamela L. Signorello, Kim S. Orbeck, Terrence R. McInnis and Cathy A. Simon,
On October 19, 2011, the U.S. Court of
Appeals for the Second Circuit affirmed the dismissal of two putative
class actions alleging that ERISA fiduciaries breached their duties to
plan participants by imprudently continuing...
Myers and Mark Smith On October 25, 2011, the Department of Labor (DOL) published its final regulation implementing the ERISA prohibited transaction exemptions for participant investment advice enacted in the Pension Protection Act of 2006 (PPA). This final regulation brings to a conclusion...