Last week’s Five Favorites for Friday post ran a little heavy, with a focus on five different issues and articles concerning the Department of Labor’s new proposed regulation intended to somehow reduce class action litigation and increase participants’ exposure to alternative investments all at the same time. That seems like a trick worthy of Penn
I am going with a special edition of the Five Favorites post this week, solely covering five stories about the Department of Labor’s new proposed regulation addressing the issue of adding alternative assets, such as private equity and crypto, to the investments offered in 401(k) plans. For each one, I have included my own questions
I found myself feeling very zen and mellow when writing this week’s Five Favorites for Friday post. That’s not always the case, as often the post covers topics that get me quite agitated, such as articles about poorly reasoned court decisions or about unnecessary risks to plan participants. That wasn’t the case this week and
I have written before that plan sponsors should try more ERISA breach of fiduciary duty cases to verdict if they, and their insurers, really want to dissuade class action lawyers from filing ERISA breach of fiduciary duty class action cases with weak liability theories or worse, as simply a strike suit targeted at getting a
Some weeks the Five Favorites write themselves and this week was one of them. I think it’s because so many of the articles hit right dead center on issues I have litigated or counseled on over the years, including disputes between excess and primary insurers, whether forfeiture under a 401(k) plan is appropriate, withdrawal liability
This is a really educational week on Five Favorites for Friday. There is no hidden message or implicit critique buried in that point. It’s just that a number of comprehensive stories providing a detailed overview of key areas of development in ERISA litigation were published this past week and, solely because of their quality, make
I was in the First Circuit courtroom not too long ago waiting to argue when I became interested in another case on the argument list, which concerned the overlap of legal malpractice and patent law, both areas in which I have litigated cases in the past. But what really grabbed my attention about the case