On May 11th the PLUS Southwest Chapter hosted a workshop on “FIDUCIARY DUTIES & FINANCIAL LINES.” About 40 professionals attended this lunch workshop at the Nationwide Offices in Scottsdale. Presentation slides from the event can be downloaded here.
“You can’t always get what you want…” — and, in Some Cases, You Can’t Get a Court to Declare that the Defendant is an ERISA Fiduciary
To avail themselves of the protections of the Employee Retirement Income Security Act (“ERISA”), plaintiffs must prove, as a threshold matter, that the defendant was a fiduciary. If plaintiffs are successful in meeting their burden, the fiduciary is subject to the mandates of ERISA, which requires it to perform certain duties (the highest duties known to law) vis-à-vis a pension plan’s participants and beneficiaries. Simultaneously, ERISA’s prohibited transaction provisions (describing what a fiduciary cannot do) are triggered. Pursuant to ERISA, a fiduciary can be a named fiduciary by an employer sponsoring the plan. Alternatively, one can become a fiduciary simply [...]
The Eastern Chapter hosted an educational and networking event, New Rules, New Regulations, New Litigation: An Update on Employment Practices & Fiduciary Liability Exposures, on September 13 in New York City. More than 100 industry professionals attended this great event, and we received some excellent photos from the event. Thanks to everyone who took part, and enjoy!