Friday, March 07, 2008

Week In Review (March 6, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12749”>LaRue v. DeWolff, Boberg & Assoc. Supreme Court Establishes Fiduciary Liability in the Context of Individual Account Plans.</A>
Last week, the United States Supreme Court expanded the remedies available for fiduciary breach claims brought under ERISA, the Employee Retirement Income Security Act of 1974, as amended. Under a long-standing decision (Massachusetts Mutual Life Ins. Co. v. Russell), any relief granted for fiduciary breach was required to benefit the entire plan, rather than an individual participant. In the context of investment-related breaches, the “entire plan” rule effectively limited fiduciary claims to defined benefit and similar insurance plans, under which all benefits are funded from a common asset pool. In LaRue v. DeWolff, Boberg & Assoc., the Supreme Court for the first time acknowledged the current preponderance of defined contribution or individual account plans, such as 401(k) plans. The Court concluded that the “entire plan” rule should not be construed to preclude relief for fiduciary breach when a participant’s “plan” is effectively an account balance. Citing ERISA Section 404(c) as support, the Court noted that Congress must have intended fiduciaries of individual account plans to be liable for breach in the investment context.
Located On: Phelps Dunbar LLP

Most Popular State Law Article

<a >New York’s Highest Court Addresses Mandatory Service Charges.</A>
According to New York state’s highest court, under the state’s wage and hour law, an employer cannot withhold from its employees any portion of a mandatory service charge that is added to a customer’s bill unless the employer makes it clear to the customer that it is retaining some or all of the charge.
Located On: Ford & Harrison LLP

Most Popular Headlines

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ABC News - March 03, 2008