An embarrassment of riches, as the saying goes. That’s what the avalanche of excellent stories, publications, podcasts, YouTube videos and posts about ERISA, litigation and insurance issues looked like to me this week.
But for my own purposes (namely having time to do my work), this weekly post is limited to five of them, so
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