Sentences with phrase «erisa fiduciary claims»

He is co-author of «DOL Final Fee Disclosure Rules May Have Consequences for Fiduciaries Beyond Fines - Could Result in Increased Litigation and Government Enforcement,» appearing in Bloomberg BNA's Pensions & Benefits Daily, «ERISA Fiduciary Claims: Planning, Protecting and Preparing for Class Actions,» appearing in the Employee Relations Law Journal.

Not exact matches

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

However, there is a catch — while these financial advisors were made ERISA fiduciaries on June 9, the DOL won't «pursue claims against fiduciaries who are working diligently and in good faith to comply with the fiduciary duty rule and exemptions» until January 1, 2018.

By providing investment recommendations that are compliant with ERISA Section 404 (c), the Fiduciary Assure Program may help insulate plan fiduciaries against legal claims that can result from offering inadequate or inappropriate investments.

Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.

We have litigated individual ERISA benefit claims under life, health, and disability policies, as well as bad faith and fiduciary claims.

Speaker, «ERISA Fiduciary Liability Insurance: Limiting Exposure for Breach of Duty Claims Negotiating the Policy, Overcoming Coverage Challenges, and Responding to Enforcement and Litigation,» Strafford (Webinar / Teleconference)(December 22, 2009)

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Taft's attorneys have substantial experience in cases asserting pension plan design allegations, cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims, issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans, issues concerning summary plan descriptions and also claims concerning the efficacy of ERISA 204 (h) notices.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

Those cases run the gamut of business and commercial issues, including: breach of contract, covenants not to compete, tortious interference with contracts and business expectancies, shareholder disputes, partnership disputes, intellectual property, ERISA, Uniform Trade Secrets Act, breach of fiduciary duty, indemnification, civil conspiracy, financial disputes, business dissolution and other employment and related claims.

Represented receiver in claim brought in the U.S. District Court for the Northern District of Illinois against the directors and officers of AA Capital Partners, Inc., an SEC - registered investment advisor, in a $ 60 million claim for violations of ERISA, breach of fiduciary duty, fraud, and conversion arising out of alleged misappropriation and misuse of investor funds.

Serving as primary counsel and obtaining a dismissal of claims in a breach of fiduciary duty matter against ERISA fiduciaries and trustees.

Obtaining summary judgment and dismissal of a claim for benefits under an ERISA - regulated employee welfare benefit claim over assertions of conflict of interest and breach of fiduciary duty.

His diverse experience also includes: directors» and officers» liability coverage and litigation; cyberinsurance coverage; ERISA litigation; commercial arbitration; FINRA arbitration; aviation litigation; fiduciary litigation; claims related to stock purchase agreements; EMTALA investigations; and defending errors and omissions claims against insurance agents and brokers.

He regularly represents employers / plan sponsors, plan administrators and insurers in ERISA and fiduciary litigation involving health and welfare benefits, retirement benefits and compensation plans defending claims brought by individual participants or beneficiaries.

Cousin has over twenty years experience in complex commercial litigation, including directors and officers liability litigation (including claims for advancement of legal fees and indemnification), ERISA litigation (including claims for breaches of fiduciary duty), fiduciary litigation, professional liability litigation, and securities litigation.

To allow a claim under § 1132 (a)(3) would permit «ERISA claimants to simply characterize a denial of benefits as a breach of fiduciary duty, a result which the Supreme Court expressly rejected.»

The United States Court of Appeals held that Judge Castel in the SDNY had properly dismissed claims of a breach of fiduciary duty under ERISA asserted against Morgan Stanley Investment Management by the Pension Benefit Guaranty...

In 2009, Ms. Goodman was co-lead trial counsel in one of the few class action ERISA cases ever to be tried, which involved claims against the fiduciaries of the 401k plan of an S&P 500 company for imprudent investment in company stock and misrepresentations to plan participants.

Obtained award in favor of investment manager after a week - long arbitration in which an ERISA plan sought millions in damages on claims alleging that the manager breached fiduciary duties and committed professional malpractice.

Mark has recently been involved in ERISA litigation matters involving retiree medical plans, obligations of an employer under a deferred compensation arrangement, claims for pension, health and welfare benefits, obligations of fiduciaries under a 401 (k) plan involving employer securities and what constitutes an ERISA plan.

In ERISA litigation matters, Lintemuth has successfully defended challenges to ERISA plan administrators» and claims fiduciaries» decisions regarding life, health, and disability benefits.

Weil has extensive experience handling high - profile ERISA class actions involving claims for breach of fiduciary duty and improper benefit denials and reductions.

Our experience encompasses a wide range of ERISA claims, including individual life, disability and AD&D benefits, class actions, fiduciary obligations, revenue sharing, retained asset accounts, health plans, stock drop cases, pension funds, severance benefits, plan administration, cost of living adjustments, IRA plans, incentive compensation and annuity contract premiums, among many others.