My trial finally concluded late yesterday after two weeks, with the jury returning a verdict in favor of my client (pause here for self-congratulatory pat on the back). While I was able to get some posts up last week, during the first week of trial, events during trial this past week left me with no
Fiduciaries
Want to Learn More About the Post-LaRue World?
I am trying to kick the LaRue habit, but couldn’t resist going back to the well one more time (how’s that for mixing my metaphors?). I know from readers of this blog and from talking to other lawyers that people are very interested in LaRue and the Supreme Court’s current interest in ERISA cases –…
More on LaRue: Lawyers USA Weighs In
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
Thought I would pass this along right now, while the article is still available to non-subscribers – I suspect if you read this post tomorrow, you will have to subscribe to get access to the article by then. Either way, here’s an interesting article available on Lawyers USA today on the LaRue decision, and on…
Fiduciary Obligations – and Common Sense – Support Hiring Outside Expertise for 401(k) Plans
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
One of the common themes of many of my posts, as well as of many of the judicial opinions, concerning fiduciary obligations of companies sponsoring 401(k) plans is the need to bring in outside expertise to manage the plans, particularly for the purpose of insuring that investment selections are appropriate and priced right. As I…
A Couple of Other Perspectives on LaRue
By Stephen Rosenberg on
There’s a lot out there on the Supreme Court’s ruling in LaRue, and I thought I would pass along today a couple of articles and blog posts that approach the issues raised by the case from a slightly different perspective than simply the technical legal issues raised by the case. Employee benefits lawyer George…
Interpreting LaRue
By Stephen Rosenberg on
Some follow up thoughts on the Supreme Court’s opinion in LaRue, after having some time to digest it. First, the court’s three opinions make for an interesting assortment of analyses of the issue, but what is most important on the front lines, down at the trial level where these issues play out in court,…
The Supreme Court Decides LaRue, In Probably Predictable Fashion
By Stephen Rosenberg on
As a practicing litigator, I often can’t delve too deeply into a particular issue right when it arises, and instead have to return to it that night to analyze it for further discussion the next day. With a trial set to start in one of my cases and a court appearance this afternoon, this is…
I Want My (Pension Tension Blues) MTV
By Stephen Rosenberg on
Posted in Fiduciaries, Pensions
For better or worse, I’m old enough to remember where I was when MTV debuted, back when it actually played music videos. I am sure there is something to be said about the fact that a quarter century later, I now watch music videos about fiduciary risks concerning pensions, but I am not sure…
The Benefits of Relying On Investment Managers
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
We all know that in reality, most companies that sponsor retirement plans, including 401(k)s, for their employees bring in outside advisors to manage the plan. There are at least two primary reasons for this, the first being that most companies don’t have the expertise to select investments and otherwise run plans themselves, and hope to…
LaRue is Decided . . . Well, Sort of
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
In an opinion it issued on Monday, the United States Court of Appeals for the Sixth Circuit confronted essentially the exact same facts and issues as are at play in the LaRue case currently pending before the Supreme Court, and effectively entered its own prediction as to how the Supreme Court will rule in LaRue…