Jeff Mamorsky provides insights into the recent American Airlines decision on ESG investing from the perspective of his role in the drafting of ERISA.
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Lawsuits brought on behalf of anti-ESG activists have been dismissed, demonstrating that politically-motivated lawsuits may face obstacles.
Read MoreInvestment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.
Read MorePlaintiffs want a retrial to change a jury’s determination that there were no damages from a fiduciary breach involving Yale’s retirement plan. The DOL supports them. Which standard applies?.
Read MoreThe fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.
Read MoreShould courts second guess public pension plan investment decisions? This motion to dismiss points out that participants’ benefits are affected by specific investments.
Read MoreMost ERISA lawsuits don’t get to trial, but a recent decision in a 401(k) fiduciary breach lawsuit shows that fiduciaries who follow prudent processes can win.
Read MoreUniversities have been targeted in excessive fee lawsuits. Many have resulted in costly setlements, but good practices can help.
Read MoreA lawsuit challenging the divestment of fossil fuel investments by three New York City pension plans puts a spotlight on the need to follow good fiduciary processes.
Read MoreIn this article published May 24, 2023 by Law360, ERISA attorney Jeff Mamorsky explores the history of ERISA and why the underpinnings of ERISA are more important than ever.
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