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...
BY: MARK S. THOMAS & ROBERT W. SHAW
The U. S. Court of Appeals for the Fourth
Circuit has ruled that retirement plan trustees cannot be held liable
for failures to investigate the prudence of plan investments or to
diversify those investments, unless there is a proven causal link
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 and severally liable, for a record $37 million in damages...