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Category: Fiduciaries

ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer

This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits.  In Williams v. Fedex Corporate Services; Aetna Life Insurance Company, No. 16-4032, __F.3d__, 2017 WL 727134 (10th…

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…

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