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

When I started this series of posts that count down the most popular posts on my blog in 2024, I called back, nostalgically, to the old days when radio disc jockeys would count down the most popular songs of the past year and play them, one after the other, over the course of a day