In this podcast episode Nevin (Adams) & Fred (Reish) take a look at the new litigation landscape for ERISA plans, including an update on suits involving the BlackRock LifePath target-date funds, a surprising decision regarding rollovers and the fiduciary rule — and a flurry of ESG litigation.
Over the past several months — following the United States Supreme Court’s decision in Hughes v. Northwestern University — a number of cases, notably the Oshkosh case — and those of CommonSpirit and TriHealth — have brought with them what appears to be a higher standard of “plausibility” in asserting claims that can get past the standard motion to dismiss.
Episode Resources:
Oshkosh Lays Down a New Standard
Gosh! Oshkosh Wins Dismissal of Excessive Fee Suit
BlackRock TDFs
Another BlackRock TDF Suit Dismissed
Rollover Rule(s)
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight
ESG
Excerpts from ARA CEO Brian Graff’s Interview with EBSA’s Tim Hauser
