From the first notice of claim to the last gasp of a confirmed plan, mass-tort bankruptcies are where coverage law gets tested—and sometimes torched. Discover how to stay ahead of the fire. Read...
Lenders typically require an opinion from borrower’s counsel in connection with a financing transaction. Review this resource kit for an overview of the process of drafting and delivering legal opinions...
Time is fleeting—by definition. Before you know it, antitrust claims can become stale. And antitrust statutes of limitations (SOLs) may bar them as a matter of law. As a litigator, whether for plaintiff...
As of July 2025, 38 U.S. states and the District of Columbia have legalized sports betting in some form—either online, in-person, or both. This expansion follows the Supreme Court's 2018 decision...
Building decarbonization and energy efficiency initiatives are spreading across the country, driven by both governmental regulatory mandates and private sector goals aimed at monitoring and reducing greenhouse...
* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.
Several recent cases found dismissal appropriate in ERISA litigation alleging fiduciary breach for failing to adequently review (and eliminate allegedly underperforming) plan investments. The Beldock v. Microsoft Corp. court applied a heightened standard for pleading a survivable claim of imprudent selection and monitoring of investments. Recent similar dismissals with prejudice held that performance-only allegations could not survive dismissal. However, in those cases the courts still analyzed plaintiffs' benchmark comparators, concluding that they were not meaningful. Not here! See why the Beldock decision held for defendants without addressing the question of whether plaintiffs presented meaningful comparators to performance of the Funds.
READ NOW »
Related Content
Practical Guidance Updates Featuring the latest updates from your Practical Guidance account.
PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB
Experience results today with practical guidance, legal research, and data-driven insights—all in one place.Experience Lexis+