Publications of Interest > ERISA Litigation > Employee Benefits > Practices : Morgan, Lewis & Bockius

12/09/11 Direct Action Theory: Should a Single 401(k) Participant Be Allowed to Sue on Behalf of All Participants Without Certifying a Class Action?, Benefits Law Journal, Vol. 24, No. 4

Outside Publication | Article
Julia Sturniolo, Azeez Hayne, Lauren Buechner

In the past decade, it has become increasingly common for 401(k) plan participants to sue plan fiduciaries for alleged mismanagement of plan assets. For a variety of reasons, participants have generally filed these actions under ... more

11/28/11 DOL Adopts Final Regulation on Exemption for Participant-Level Investment Advice

LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Employee Benefits and Investment Management Practices

The U.S. Department of Labor (DOL) has adopted a final regulation to implement the statutory exemption from the prohibited transaction rules of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the pro... more

11/28/11 Significant Changes to San Francisco Health Care Security Ordinance Require Immediate Employer Action; ERISA Preemption Controversy Reopened

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

Last week, San Francisco Mayor Ed Lee signed legislation that significantly revises parts of the city's Health Care Security Ordinance (Ordinance). In particular, the revised Ordinance imposes detailed design and administrative... more

11/08/11 The Second Circuit Stance In Citigroup ERISA Litigation, Law360

Outside Publication | Article
Christopher Weals

10/28/11 Second Circuit's Citigroup Decision Endorses Presumption of Prudence, Upholds Dismissal of Disclosure Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit joined five other circuits in ruling that employer stock in a 401(k) plan is subject to a "presumption of prudence" that a plaintiff alleging fiduc... more

09/21/11 DOL Announces Intent to Repropose Rule on Definition of "Fiduciary"

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

On September 19, the U.S. Department of Labor (DOL) announced that it will repropose its pending regulation that would amend the definition of what constitutes "investment advice" for purposes of creating fiduciary status under ... more

01/31/11 ERISA Fiduciary Responsibility and Disclosure Issues for 2011: Regulatory, Compliance, and Legislative Outlook

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

This past year was an active year for developments in the fiduciary responsibility and disclosure areas of the Employee Retirement Income Security Act of 1974, as amended (ERISA). This LawFlash reviews the new and proposed regu... more

January 2011 Who May Sue You And Why, How To Reduce Your Employee Retirement Income Security Act (Erisa) Risks, And The Role Of Fiduciary Liability Insurance

Outside Publication | Article
Charles Jackson

09/21/10 Revisiting the Moench Presumption 15 Years Later; Are the Courts Barking Up the Wrong Tree?, Pension & Benefits Daily

Outside Publication | Article
Simon Torres, Gregory Braden

08/04/10 First Minor Victory for 401(k) Fees Cases Signals Rejection of Industry Practice Challenges, Pension & Benefits Daily

Outside Publication | Article
Melissa Hill, Azeez Hayne

07/21/10 DOL Publishes Interim Final ERISA Regulation on Service Provider Disclosure Obligations

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

On July 16, the long-awaited interim final regulation from the U.S. Department of Labor (DOL) on employee benefit plan service provider disclosure obligations under section 408(b)(2) of the Employee Retirement Income Security Ac... more

Spring 2010 Why Complying with ERISA Section 404(c)'s Safe Harbor for Participant-Directed Investments Is Worth the Effort for Plan Sponsors and Fiduciaries," Benefits Law Journal, Vol. 23, No. 1

Outside Publication | Article
Deborah Davidson

04/23/10 Supreme Court Endorses Governing Standard for Mutual Fund Fees Cases Under Investment Company Act: An ERISA Perspective

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 30, in Jones v. Harris Associates L.P. , No. 08-586, __ U.S. __, 2010 WL 1189560 (Mar. 30, 2010) [1] , the U.S. Supreme Court unanimously affirmed the Second Circuit's analysis in ... more

02/04/10 When Representations Regarding the Financial Condition of the Plan Sponsor Become Actionable Under ERISA

LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice

The U.S. District Court for the Northern District of California ruled in December 2009 that statements made by an officer of Delta Star, Inc. (Company) regarding the financial condition and anticipated performance of the Company... more

2010 ERISA Class Exemptions, Third Edition, with 2009 Cumulative Supplement (BNA)

Outside Publication | Book
Michael Richman, Donald Myers

ERISA Class Exemptions, Third Edition provides a complete, up-to-date resource on ERISA class exemptions. It includes class exemption grants, amendments, and proposals, covering such important developments as the amended QPAM E... more

11/17/09 ERISA Fiduciary Litigation, presented at the ABA JCEB 19th Annual National Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson, Emily Glunz

11/16/09 Employer "Stock Drop" Litigation Under ERISA, presented at the ABA JCEB 19th Annual National Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson

11/09/09 Department of Labor Issues Supplemental FAQs about the 2009 Form 5500 Schedule C Fee Disclosure Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more

October 2009 Round 2: Fiduciaries Again Defeat ERISA Stock Claims at Trial in Brieger et al. v. Tellabs, Inc., PLUS Journal, Vol. XXII, No. 10

Outside Publication | Article
Christopher Weals, Charles Jackson

09/15/09 Department of Labor Permits Use of Summary Prospectus to Meet Section 404(c) Prospectus Delivery Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 8, the U.S. Department of Labor (the DOL) issued EBSA Field Assistance Bulletin No. 2009-3, which addresses whether a plan fiduciary may use a mutual fund's summary prospectus to satisfy its prospectus delivery... more

July 2009 Retiree Welfare Benefits Litigation, BNA's ERISA Compliance & Enforcement Library

Outside Publication | Article
Gregory Braden, Christopher Weals

06/10/09 Fiduciary Responsibility Under ERISA, presented at the ABA 23rd Annual Institute on ERISA Basics, Chicago

Presentation | Speech
Deborah Davidson

April 2009 Third Circuit Employment Law Developments, Pennsylvania Bar Association Quarterly

Outside Publication | Article
Michael Ossip

02/20/09 ERISA Plan Fee Litigation and DOL Regulatory Developments, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting

Presentation | Speech
Deborah Davidson

02/19/09 Major Victory for Morgan Lewis Client Deere & Company in Nationwide 401(k) Fee and Expense ERISA Class Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Morgan Lewis recently secured a major victory for its client Deere & Company in a 401(k) "fee and expense" ERISA class action when, on February 12, the Seventh Circuit Court of Appeals affirmed the lower court's decision in ... more