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Employee Retirement Income Security Act (ERISA) › Fiduciary Duty › Interlocutory Appeals

The Wagner Law Group

Forfeiture Cases – Update

The Wagner Law Group on

Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer...more

Proskauer - Employee Benefits & Executive...

District Court Denies Interlocutory Appeal for Novel Issue of “Hardwired” 401(k) Plans

Proskauer - Employee Benefits & Executive... on

A federal district court in Maryland recently declined to certify an interlocutory appeal to the Fourth Circuit on the issue of whether financial institutions can “hardwire” a preference for their own proprietary investment...more

Carlton Fields

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

Carlton Fields on

The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

McDermott Will & Emery

Ninth Circuit Answers Some Questions About Arbitration of ERISA Claims

McDermott Will & Emery on

In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported...more

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