Still parceling out items of interest that have stacked up on my desk in the last week or so. Among the things I still haven’t gotten to, I have to admit, is a careful reading of the Seventh Circuit’s recent decision in Heckler v John Deere, but I will, shortly. In the meantime, though
401(k) Plans
Do People Who Are Told the Truth Sue?
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
I love this story. A couple of weeks ago I blogged about BrightScope’s launch, and pointed out my view that more information generally means less litigation. I learned thereafter that some think that is a counter-intuitive thought; presumably, people who believe that think that if you cover up problems and don’t let people…
Bunch v. W.R. Grace: What a Breach of Fiduciary Duty Doesn’t Look Like
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
I cannot do better by anybody interested in fiduciary obligations under ERISA than to recommend to you the First Circuit’s decision the other day in Bunch v. W.R. Grace & Co.. For those of you not familiar with the lower court proceedings in that case, what was at issue is whether it was…
BrightScope and 401(k)s
By Stephen Rosenberg on
Posted in 401(k) Plans, ERISA Seminars and other Resources
Holy Transparency, Batman! If you like Zillow, and you have a 401(k) plan, have I got a website for you. BrightScope has now publicly launched its rating website, in which you plug in a particular company’s name and the site then provides you with a colorful, graphic presentation of that particular plan’s performance and…
The Trend Lines in ERISA Litigation
By Stephen Rosenberg on
Itzoe and Reish on the Fee Disclosure Regulations
By Stephen Rosenberg on
Posted in 401(k) Plans
By the way, I really like Josh Itzoe’s post here on the new DOL investment fee disclosure rules, which consists of a well-done interview by e-mail with Los Angeles lawyer Fred Reish. I have noted before that the interview style blog post is the most difficult to do well, and Josh pulls it off with…
The Perfect 401(k) Plan?
By Stephen Rosenberg on
Posted in 401(k) Plans
What would a 401(k) plan look like if you could create the fantasy football version (fantasy 401(k)?) for your company? Well, thanks to the good folks at Brightscope (I have only the vaguest idea at this point who they are and what they do, but I am already enjoying their new blog), you don’t…
Talkin’ ERISA Litigation Trends
I will be presenting a seminar next week, on Wednesday January 14th, to the ASPPA Benefits Council of New England, entitled “ERISA Litigation: An Update from the Front Lines.” After three full days of outlining my talk, I now actually have a pretty good idea of what I am going to say; the talk will…
Disclosure of Information: Where Securities Law and ERISA Diverge
By Stephen Rosenberg on
Cool, what a nice treat to me for the first real workday of the New Year. I have always wanted a reason to link to the Harvard Law School Corporate Governance blog because, well, it just sounds so impressive (that plus it’s a really good read on all things corporate), and one of their contributors…
More Evidence that Including Company Stock in a Retirement Plan May Not Be Worth the Litigation Risk
By Stephen Rosenberg on
A few months back, I discussed the broad conception of damages in stock drop type cases articulated in the case of Bendaoud, which essentially found that damages exist if the participant could have done better in an alternative investment option. This concept makes it fairly easy to construct a damages theory in 401(k) and…