Email this page Print-Friendly PDF
Share
Print this page
From the Editors
In our latest issue of the ERISA Litigation Update, we address four topics we believe are of interest to clients and practitioners in the field.  We start with an update on two settlements in the latest wave of ERISA class action fee cases.  The settlements are notable as much for the types of non-monetary relief agreed upon by the parties, including limitations on the types of available investments and disclosures provided to participants, as they are for the 10-figure monetary amounts to which defendants have agreed.  We then present a pair of articles addressing the same topic, but from two different vantage-points – when is a person or entity who otherwise might be a plan fiduciary structurally exempt from liability?  While there are a number of ways to look at this question, we address two that have recently generated decisional law and amicus briefs by the Department of Labor on appeal.  First, plans that require investment in employer stock, and thus require a fiduciary to follow the plan's terms under ERISA § 404(a)(1)(D); second, plans – such as 401(k) plans – that allow participants to exercise control over their accounts under ERISA § 404(c).  Our final article looks at the state of the law in the benefits world after MetLife Ins. Co. v. Glenn, 128 S.Ct. 2343 (2008), specifically addressing how circuit courts are applying the standard of review in benefits denial cases where the entity responsible for paying a claim also decides the validity of a claim.  As always, we welcome readers’ feedback on these articles and suggestions for future editions.

© 2014 Goodwin Procter LLP. All rights reserved. This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin Procter LLP, Goodwin Procter (UK) LLP or their attorneys. Prior results do not guarantee similar outcome.

Goodwin Procter LLP is a limited liability partnership which operates in the United States and has a principal law office located at 53 State Street, Boston, MA 02109. Goodwin Procter (UK) LLP is a separate limited liability partnership registered in England and Wales with registered number OC362294. Its registered office is at Tower 42, 25 Old Broad Street, London EC2N 1HQ. A list of the names of the members of Goodwin Procter (UK) LLP is available for inspection at the registered office. Goodwin Procter (UK) LLP is authorized and regulated by the Solicitors Regulation Authority.