Category: Fiduciary Status

Giant 401(k) service providers like Fidelity have an array of products and fees.  Under ERISA’s fiduciary standards, this network of fees and costs have historically given rise to allegations that Fidelity was a fiduciary.  Historically, providers like Fidelity have often—but not always—been able to defeat...

The initial critical inquiry in any ERISA fiduciary breach case is whether the defendant is an ERISA fiduciary—often a very complex inquiry.  In Central Valley Ag Cooperative v. Daniel Leonard et al., the Eighth Circuit rejected claims against two service provides to an ERISA group...

Two recent cases from the Eighth and Eleventh Circuits have provided further clarity as to when a stable value fund sponsor’s control over the fund’s credited interest rate make is a de facto ERISA fiduciary. (The credited interest rate generally refers to the rate of...