3 04, 2017

“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

By |2017-03-29T10:23:54-05:00April 3, 2017|Fiduciary, Guest Blog|0 Comments

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 [...]

22 08, 2016

“And if the Wind is Right You Can Sail Away and Find Tranquility…” – Unless You Are Forced to Litigate in an Unwanted Forum!

By |2016-08-22T13:28:40-05:00August 22, 2016|D&O, Fiduciary|0 Comments

This is the first post by PLUS Blog contributor José M. Jara, a partner at FisherBroyles, LLP. Mr. Jara has over 20 years of ERISA and employee benefits law experience. In the field of employee benefits law, he provides innovative solutions to his clients by incorporating into his guidance a business and practical perspective.  In addition, he understands the triad relationship between the law firm, the client, and the insurance carrier and in litigation matters manages the relationships to produce optimal results for the trio involved.  He has also acted as monitoring counsel and coverage counsel.   Over 20 years ago the Supreme Court found [...]

17 02, 2015

The Impact of the Supreme Court’s Dudenhoeffer Action

By |2015-02-17T08:41:11-06:00February 17, 2015|Fiduciary, International Conference|0 Comments

From the 2014 PLUS Conference session "ERISA at 40: Fiduciary Liability Forecast," moderator Kimberly Melvin, Esq. (Wiley Rein LLP) and panelists Tricia Melly (XL Insurance), Miles Afsharnik (Wells Fargo Insurance) and Charles C. Jackson (Morgan, Lewis & Bockius LLP) discuss the impact of the Supreme Court's action in Fifth Third Bancorp v Dudenhoeffer. For much more on emerging professional liability exposures join PLUS in Atlanta April 28 & 29 for the 2015 Professional Risk Symposium. Registration is now open. PLUS members can view this entire Conference session in the PLUS Multimedia Library.

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