There is an article in Business Insurance magazine this week, the June 25th issue, on the Supreme Court accepting review of the LaRue decision, in which I am quoted. The article is here – subscription required – and if you read it, you will note that it ends on my comment that I expect the
Climate Change Litigation and the Insurance Industry
Well now, we talked recently about how plaintiffs’ lawyers chasing fiduciaries appear likely to help drive changes in how fiduciaries of pension and defined contribution plans operate. Are we going to see the same with alternative energy companies and how businesses operate with regard to climate change issues? I have talked before about how climate
Common Misperceptions and The Obligations of Plan Sponsors
I wrote, it seems to me, an awful lot over the last couple of weeks on the question of the fiduciary obligations of plan sponsors and others with regard to the investment selections made by pension funds and the investment choices offered in 401(k) plans. Susan Mangiero has a lot more to say about this
An Evolution in Fiduciary Standards Means an Increase in Litigation Risk
My email inbox is often inundated with seminar pitches, book offers, and informational material, much of which, even if it looks valuable, I could never get to unless I decide to give up the practice of law and just read all this stuff full time. Fortunately, though, I can cut through the junk pretty quick
Why You Should Hire a Lawyer With A Black Belt in Commercial Arbitration
You know, the term martial arts is really just an umbrella for a whole range of more particular styles of physical combat, and the diversity is actually kind of fascinating. What does this have to do with anything? Well, I was reminded of this by this post from the Adjunct Law Prof on a ruling
Divestment and Fiduciary Duties
Apparently there is something in the air these days about socially responsible investing and the fiduciary obligations of pension fiduciaries. I discussed here, just the other day, the argument that it is not a fiduciary breach to utilize a particular social agenda in investing and the litigation implications of that approach. Susan Mangiero has more
Criminal Restitution, Alienation of Retirement Benefits and the Supreme Court
We return, as promised, to America today, to two particular, but certainly not unique, American obsessions, the Supreme Court and criminals. As discussed here and here, the Supreme Court has refused to hear an appeal presenting the question of whether pension and retirement benefits governed by ERISA can be attached in the criminal
On Blogging and Canadian Insurance Coverage Law
I just stumbled, metaphorically speaking, across this excellent blog on Canadian insurance law, and thought I would pass it along. I guess that makes this Canadian law day here on the blog (take a look at the last post). Maybe tomorrow we will go back to America.
Socially Responsible Investing and Fiduciary Duties
Here’s a little twist on an issue we have often discussed on this blog, namely the fiduciary obligations of plan sponsors and other fiduciaries. To what extent does the fiduciary obligation to properly manage and invest fund assets leave room to consider social, environmental or political agendas in selecting investments? This article, by Benjamin
The Massachusetts Health Care Reform Act and the Purposes of Preemption
I have been meaning to come back to some issues concerning the Massachusetts Health Care Reform Act, the state’s potentially groundbreaking attempt to combine individual, employer and government roles to provide health insurance coverage for most of the Commonwealth’s uninsured, and now seems like a good time to do so, with its effective date coming