17.11.2022 11.59 CST

A round of court cases following Supreme Court’s Hughes decision places a greater burden on plaintiffs bringing fiduciary litigation.

Court of Appeals Reject Generalized Allegations

Court of Appeals Reject Generalized Allegations

Several recent decisions handed down by federal appellate courts offer some good news for plan fiduciaries. In each of these cases the courts affirmed dismissals of fiduciary litigation, concluding that the facts alleged were just not enough to support a claim. The dismissals were based on the courts’ assessment that even if the general facts alleged were true (e.g., that other plans paid less in recordkeeping or management fees or that other funds performed better) –those facts would not show that the actions taken by the fiduciaries for these specific plans were not prudent.

25.05.2021 08.58 CDT

What does it mean for a retirement plan to "protect" data--and are barriers to unauthorized access limited to blocking hacks?

Plan Data: What is “Secure”?

Plan Data: What is “Secure”?

What does it mean for a retirement plan to "protect" data--and are barriers to unauthorized access limited to blocking hacks?

There is an increased focus on protecting retirement plan data. However, both regulators and the courts are taking a narrow view of the kinds of protections that should be in place,