What would this blog be if it was done as a newsletter instead? Well, probably something like this new ERISA newsletter out of Proskauer Rose, with its detailed but readable length discussions of current events in the field, such as the Supreme Court’s recent decision in LaRue and the Supreme Court’s consideration of whether to
Fiduciaries
What Happens When ERISA and the Law of Insurance Coverage Collide?
By Stephen Rosenberg on
Wow, I guess this is really Seventh Circuit week here, with, I guess, a particular focus on the jurisprudence of Judge Easterbrook, whose opinion in Baxter I discussed in my last post. This time, I turn to his decision from Wednesday in Federal Insurance Co. v. Arthur Andersen, which strikes right at the intersection…
What LaRue Wrought
By Stephen Rosenberg on
Suzanne Wynn has the story of the day when it comes to ERISA litigation, as she posts on the Seventh Circuit’s application of LaRue to exactly the type of case that, had the Supreme Court ruled otherwise, would have gone away without any potential liability on the part of the fiduciaries or, for that matter,…
The Meaning of Justice Roberts’ Concurrence in LaRue
By Stephen Rosenberg on
Posted in 401(k) Plans, Fiduciaries
There’s nothing really new in this piece for those who have already closely followed and studied the LaRue decision (how’s that for opening with a bang?), but this column on the decision in the April 2008 issue of Metropolitan Corporate Counsel magazine by two Proskauer attorneys is interesting. They focus on playing out the meaning…
Back to the Well: Fiduciaries and Subprime Assets
By Stephen Rosenberg on
I guess this is the flip side of all the grief that is starting to come down on fiduciaries for excessive – or at least what seems to plaintiffs’ lawyers to be excessive in hindsight – exposure to the subprime mortgage mess in pension and 401(k) holdings: pension plan fiduciaries now adding such exposure to…
Back From Trial, But the World Kept Spinning In the Interim
By Stephen Rosenberg on
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…
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…