The plaintiffs’ bar and the Department of Labor (DOL) continue to be active in litigating cases in which plaintiffs allege breaches of fiduciary duty and other violations of the Employee Retirement Income Security Act of 1974, as amended (ERISA). Some of those cases led with and resolved by the courts may inform plan sponsors, fiduciaries, and service providers on how they should approach their ERISA compliance activities.

Featured in the April 2020 edition of The Investment Lawyer, in the article Principal David Kaleda highlights some of the recent cases and explains how they may provide guidance to ERISA fiduciaries and their advisers in 2020 and beyond with regard to their mitigation of litigation and compliance risks. It focuses on four areas: (1) fee litigation suits brought against smaller plans; (2) developments in 403(b) plan litigation; (3) use of plan data by plan fiduciaries and plan service providers; and (4) cyber-enabled fraud and protection of plan assets.

To read the article, click here.


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