Category: 401(k) Plans

Defendants Score Two Victories in 401(k) Fee Cases

Fiduciaries are not guarantors of an investment’s success.  Rather, all they are asked to do is be diligent, prudent, and loyal in managing an investment’s success—the ultimate success or failure of the investment does not determine whether a fiduciary has properly complied with their duties. ...

Second Circuit Rejects Arbitration of ERISA Claims

Courts have increasingly been asked to determine whether arbitration agreements executed by employees apply to claims under ERISA.  In Cooper v. DST Systems, Inc., the Second Circuit just held that an employer’s breach of fiduciary duty claims alleging poor management of a 401(k) Plan’s assets...