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The U.S. Court of Appeals for the Ninth Circuit recently issued a decision in Carpenters Pension Trust Fund v. Moxley, No. 11-16133, holding that withdrawal liability is a debt that can be discharged in bankruptcy.

The Tenth Circuit affirmed the dismissal of the complaint because the Lebahns failed to adequately allege that the consultant had fiduciary status.

When employers across America face a labor or employment law issue on the Left Coast, a phrase they often hear is, "California it's different."

The Policy Week in Review, prepared by Littler's Workplace Policy Institute (WPI), sets forth WPI's updates on federal, state, and local matters.

A proposed bill, H.R. 6084, the "ERISA Litigation Reform Act," is largely aimed at raising pleading standards in suits alleging prohibited transactions under ERISA Section 406.

This development represents just one aspect of the ongoing debate over active versus passive asset management.

The Internal Revenue Code and regulations provide that a governmental 401(a) plan is generally prohibited from creating a "cash or deferred arrangement" similar to a 401(k) plan.

Retirement plan sponsors and other fiduciaries are required by ERISA to discharge their duties with the "care, skill, prudence, and diligence" under the circumstances as would a prudent man

In the aftermath of Hurricanes Beryl, Debby, Francine, Helene and Milton, among other recent disasters, it is critical for employers to know that their employees might find some disaster relief in their retirement plan accounts.

By a vote of 56 to 41, the Senate passed a resolution of disapproval (H.J. Res. 88) to prevent the Department of Labor's implementation of the final rule, "Definition of the Term 'Fiduciary'.

On Tuesday, the House Subcommittee on Civil Rights and Human Services held a hearing entitled "Long Overdue: Exploring the Pregnant Workers Fairness Act (H.R. 2694)"; testimony linked (Nadler, Durham, Wilbur, McLaughlin, Bakst).

SIFMA examined the DOL's final Conflict of Interest Rule and its "vast implications for retirement advice as well as next steps for operationalization and implementation by financial firms."

The Sixth Circuit affirmed a district court’s decision granting a permanent injunction in favor of M&G Polymers, USA LLC retirees who sought vested lifetime health care benefits.

The U.S. Court of Appeals for the Sixth Circuit has revived an Employee Retirement Income Security Act (ERISA) lawsuit filed by a yacht company against Blue Cross Blue Shield of Michigan...

On March 30, 2018, the United States District Court for the Southern District of New York dismissed with prejudice a class action complaint against Embraer S.A. and several of its officers, alleging securities fraud ...

One of the multitude of recent cases challenging the recordkeeping fees of 401(k) plans recently made its way to the Tenth Circuit Court of Appeals

In ERISA benefit claim litigation, where there is a sufficient delegation of discretionary authority to an administrator in the governing plan document, a court reviewing...

The battle over the DOL's efforts to implement a new law that will impose a fiduciary standard on anyone giving retirement advice continues with some now questioning whether critics of the law really believe its effects will be so grave.