The same appellate court responsible for an outlier result in an ERISA suit accepted by the nation’s highest court has just ruled on a similar case. The Second Circuit Court of Appeals, in an unpublished decision (O’Day v. Chatila, 2d Cir., No. 18-2621, unpublished 6/7/19) joined by Judges Gerard... READ MORE

Lifetime income options have been a hard sell for defined contribution plans – but the SECURE Act and the Senate’s RESA both take steps to improve the odds. This week, we asked NAPA-Net readers about their experience – and expectations. First off, it’s worth acknowledging that in the 2019... READ MORE

The U.S. Supreme Court will, once again, take up the issue of where, and how, to draw the line between the obligations of corporate officials and ERISA plan fiduciaries. Specifically, the Supreme Court has now decided (Ret. Plans Comm. of IBM v. Jander, U.S., No. 18-1165, certiorari granted 6/3/19... READ MORE

Plan fiduciaries who have already prevailed on most claims in an excessive fee suit have now won their motion on denying plaintiffs a jury trial. In a curt ruling (Troudt v. Oracle Corp., D. Colo., No. 1:16-cv-00175-REB-SKC, 5/30/19), Judge Robert E. Blackburn of the U.S. District Court for the... READ MORE

If you think you’ve had a bad week, just remember – it could have been worse. Check out what happened to these guys (and gals)…  In Yarmouth, Massachusetts, officers responding to a report of a BMW driving at a high rate of speed around 7:00 a.m. found Sean Dailey, 36, asleep in the driver’s seat... READ MORE

It’s often said that “if at first you don’t succeed, try, try again.” But that didn’t work for the plaintiffs in a suit challenging the use of a money market fund, rather than a stable value option. The plaintiffs here have been “trying” since February 2016, when they, represented by the St. Louis... READ MORE

Whether you are a Game of Thrones aficionado – or haven’t watched a single episode – there are lessons to be learned nonetheless. Last week I recounted some fiduciary admonitions from the HBO series. Turns out there are words of wisdom for individual retirement savers as well. Check these out. “... READ MORE

As the Memorial Day holiday (and, as tradition holds, summer vacation, generally) approaches, it’s time once again to pick the best song(s) about retirement. We’ve done this for several years now – and each year has brought together a different playlist. So, as you crank up the tunes – in your car... READ MORE

Disqualification of an expert witness “is a drastic measure that courts should impose only hesitantly, reluctantly, and rarely.” Thus begins a rebuttal to an attempt to disqualify well-known ERISA attorney Marcia Wagner as an expert witness in an excessive fee case. The plaintiffs in the case,... READ MORE