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Retirement Plan › Employee Retirement Income Security Act (ERISA) › Litigation Strategies

Troutman Pepper

EDVA Judge Allows Pension Investment Expert to Testify in Class Action ERISA Case

Troutman Pepper on

A recent decision by Senior District Judge Robert Payne on a Daubert motion in class action litigation against a pension fund offers some helpful lessons on challenging expert witnesses in the EDVA. Trauernicht v. Genworth...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The future in litigation might be an arbitration provision

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

The fascinating part of ERISA litigations is the changing law and viewpoints. To combat the rising tide of litigation, some companies have included arbitration provisions in their Plan document. That means participants can’t...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Sometimes, the litigators want a piece of you

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Many years ago, I represented a defined benefit plan sponsor being investigated by the Department of Labor (DOL). The DOL thought the plan sponsor had embezzled money from the plan because the deceased actuary never provided...more

Orrick, Herrington & Sutcliffe LLP

Checklist for Strengthening Your Defenses to 401k Plan Class Actions

Orrick, Herrington & Sutcliffe LLP on

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

Orrick, Herrington & Sutcliffe LLP

Checklist for Strengthening Your Defenses to 401(k) Plan Class Actions

Orrick, Herrington & Sutcliffe LLP on

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

Carlton Fields

“Waive” Your Undeveloped Arguments Goodbye

Carlton Fields on

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

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