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Category: Fiduciaries

ERISA Watch – Pension Fund Customer of Maddoff Investment Securities Lacks Standing to Sue Investment Manager

This week’s notable decision is Trustees of The Upstate New York Engineers Pension Fund v. Ivy Asset Management, Lawrence Simon, Howard Wohl, & Bank Of New York Mellon Corporation, No. 15-3124, __F.3d__, 2016 WL 7157992 (2d Cir. Dec. 8, 2016),…

ERISA Watch – Shhh! It’s the fiduciary exception to the attorney-client privilege

Good afternoon, folks!  I’m not sure if Westlaw was down or if the ERISA Gods were paying me a solid knowing I was in Las Vegas this weekend, but there were only a small handful of cases on my alerts…

ERISA Watch – Ninth Circuit Joins Sister Circuits In Limiting Scope Of ERISA Document Penalties.

This week’s notable decision is Lee v. ING Groep, N.V., No. 14-15848, __F.3d__ (9th Cir. July 25, 2016), where the Ninth Circuit Court of Appeals joined the First, Second, Third, Sixth, Seventh, Eighth, and Tenth Circuits, in finding that a…

ERISA Watch – Court Upholds Victory For ESOP Plan Participants In ERISA Breach of Fiduciary Duty Class Action

This week’s notable decision is Chesemore, et al. v. Fenkell, No. 14-3181, __F.3d__, 2016 WL 3924308 (7th Cir. July 21, 2016), a class action matter alleging ERISA breach of fiduciary duty claims in connection with the transfer of pension accounts…

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