LexisNexis® Legal Newsroom
Zanglein and Stabile on Rendering Retirement Plan Investment Advice for a Fee

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 that it holds discretionary authority or responsibility...

Williams Mullen: Plan Investment Decisions Are Protected in Loomis v. Exelon Corporation

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. 09-4081...

Troutman Sanders LLP: Second Circuit Adopts Moench Presumption of Prudence in ERISA Litigation

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...

Sutherland Legal Alert: DOL Releases Final PPA Participant Advice Regulation

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 (PPA). This final regulation brings to a conclusion...