Estate and Elder Law

Recent Posts

Sutherland Legal Alert: DOL Releases Final PPA Participant Advice Regulation
Posted on 7 Nov 2011 by Sutherland Asbill & Brennan LLP

By Joanna 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... Read More

Troutman Sanders LLP: Second Circuit Adopts Moench Presumption of Prudence in ERISA Litigation
Posted on 20 Oct 2011 by Troutman Sanders

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... Read More

Troutman Sanders LLP: The Next Frontier in Fiduciary Oversight Litigation?
Posted on 10 May 2012 by Troutman Sanders

By Jonathan A. Kenter and Gail H. Cutler In the latest of a series of high-profile class action suits against large 401(k) plans, ABB, Inc., a North Carolina power generation products manufacturer, and its 401(k) plan committees, were held jointly... Read More

Ballard Spahr LLP: Best Practices for Plan Fiduciaries - The New 408(b)(2) Service Provider Disclosure Regulation
Posted on 13 Jun 2012 by Ballard Spahr LLP

By Brian M. Pinheiro and Kurt R. Anderson Employers that sponsor section 401(k), 403(b), and other types of retirement plans rely on third parties to conduct the day-to-day administrative functions of these plans. Investment managers, record-keepers... Read More

Williams Mullen: Benefit Limits and Contributions for 2012
Posted on 25 Oct 2011 by Williams Mullen

BY: CATHERINE M. MARRIOTT The Commissioner of the Internal Revenue has adjusted the dollar limitations for benefits and contributions that apply to retirement plans. The Social Security Administration has also adjusted the Social Security earnings... Read More

Williams Mullen: Plan Investment Decisions Are Protected in Loomis v. Exelon Corporation
Posted on 21 Sep 2011 by Williams Mullen

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... Read More

Williams Mullen: Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
Posted on 4 Jun 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More

Zanglein and Stabile on Rendering Retirement Plan Investment Advice for a Fee
Posted on 6 Jun 2011 by Jayne Zanglein and Susan J. Stabile

Retirement 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... Read More

Ballard Spahr LLP: Best Practices for Plan Fiduciaries - The New 408(b)(2) Service Provider Disclosure Regulation
Posted on 13 Jun 2012 by Ballard Spahr LLP

By Brian M. Pinheiro and Kurt R. Anderson Employers that sponsor section 401(k), 403(b), and other types of retirement plans rely on third parties to conduct the day-to-day administrative functions of these plans. Investment managers, record-keepers... Read More

Williams Mullen: Plan Investment Decisions Are Protected in Loomis v. Exelon Corporation
Posted on 21 Sep 2011 by Williams Mullen

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... Read More

Business Owners and Retirement Plans
Posted on 19 Jul 2011 by John Dedon

Business owners face a number of regulatory and compliance requirements that add to the difficulty of operating a profitable business. Although these requirements do not necessarily contribute to the bottom line, to ignore them or, equally as bad... Read More

Williams Mullen: Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
Posted on 4 Jun 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In Lanfear v. Home Depot, Inc. , No. 10-13002 (11th Cir. May 8, 2012) [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Eleventh Circuit joined five other federal circuit... Read More

Williams Mullen: Benefit Limits and Contributions for 2012
Posted on 25 Oct 2011 by Williams Mullen

BY: CATHERINE M. MARRIOTT The Commissioner of the Internal Revenue has adjusted the dollar limitations for benefits and contributions that apply to retirement plans. The Social Security Administration has also adjusted the Social Security earnings limit... Read More

Troutman Sanders LLP: Second Circuit Adopts Moench Presumption of Prudence in ERISA Litigation
Posted on 20 Oct 2011 by Troutman Sanders

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... Read More

Kammerer v. The Motion Picture Industry Pension Plan: Calculating a Ratable Share when ERISA Plan Does Not Define a Full Year of Participation
Posted on 13 Sep 2012 by Barry L. Salkin

ERISA and CFR Provisions : Under 29 U.S.C. § 1054(b)(4)(B) , ERISA Section 204(b)(4)(B), 29 C.F.R. § 2530.204-2(c)(1) , employees who are credited with at least 1,000 hours of service in a plan year must receive at least a ratable portion of... Read More