Judge Tauro, of the United States District Court for the District of Massachusetts, has weighed in lately on some of the more cutting edge and currently unsettled issues in ERISA litigation, such as the impact of ERISA preemption on the powers of a state agency. This week, he ventured into the now hot topic
Retirement Benefits
A Clear Signal on ERISA, the Mandatory Victims Restitution Act and Criminal Restitution Orders in the First Circuit
By Stephen Rosenberg on
Posted in Retirement Benefits
Here’s a curious case out of the First Circuit yesterday that is, and isn’t, about ERISA, but hints at how the First Circuit would handle a particular issue of some importance with regard to ERISA’s protection of retirement benefits. I have talked in the past about a decision out of the Ninth Circuit a few…
I Got Them Low Down No Good Pension Blues
By Stephen Rosenberg on
On the first Monday morning in August I expect things to lighten up with lots of people on vacation and the like, so I scheduled a breakfast meeting this morning right in the middle of one of Massachusetts’ most congested highways (well, not really in the middle of the highway, more like at a restaurant…
High Cost Investments, Payments to Sponsors, and the National Education Association
By Stephen Rosenberg on
Been away from the desk for a few days, but not away from my reading, and there’s been a whole series of things in the media that may be of interest to those who read this blog that I have meant to pass along and comment on. I am going to try to post frequent…
Me and LaRue, and Business Insurance Too
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…
Common Misperceptions and The Obligations of Plan Sponsors
By Stephen Rosenberg on
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
By Stephen Rosenberg on
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…
Divestment and Fiduciary Duties
By Stephen Rosenberg on
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
By Stephen Rosenberg on
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…
Supreme Court Rules on Beck v Pace
By Stephen Rosenberg on
I don’t generally like to play first to post, and would rather wait to see what I can add to the discussion of any particular issue before posting on a breaking story. But as I have been watching and waiting for the Supreme Court’s opinion in the ERISA fiduciary duty case of Beck v. Pace…