This is the latest in a series of posts, always published on Friday, discussing five articles, topics, videos, podcasts, blog posts and the like that crossed my desk during the week just ended. Some weeks, the post has a consistent theme, such as last week when it turned out to be essentially “all ERISA, all
ERISA litigation goes through phases and waves. It wasn’t that long ago that it seemed I was constantly litigating, in multiple cases, the distinction between so-called ministerial functions – which cannot support fiduciary liability – and fiduciary conduct. Here’s one example. Over time and a number of judicial decisions, an interpretative bulletin issued by
I suspect that no one understands as well as an ERISA litigator the extent to which the rules governing judicial decision making either determine the outcome of a dispute or, at a minimum, dictate a specific and limited range of potential outcomes as well as establish the respective odds of each. In the context of