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Supreme Court Poised To Decide What Allegations Make The Grade In University Fee Case, With Broader Implications For ERISA...

Last month, the U.S. Supreme Court heard argument in an ERISA case that could have sweeping ramifications for retirement plan fiduciaries. The case—Hughes v. Northwestern University—tees up a threshold question that has...more

The SECURE Act Reduces—But Does Not Eliminate—Litigation Risk of Offering Annuities in 401(k) Plans

On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, the most important retirement legislation since the Pension Protection Act of 2006. One of the most...more

Proving Loss Causation When Pension Plan Investment Results Disappoint

The First Circuit Shifts The Burden To The Mutual Fund Company and Evens The Circuit Split - Although philosophers view burden shifting as a logical fallacy, courts have long been willing, under certain circumstances, to...more

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