Supreme Court

Proposed DOL Rule Includes Safe Harbor for Those Weighing Plan Investment Options, Including Private Market Exposure
In March 2026, the U.S. Department of Labor (DOL) proposed a rule related to fiduciary prudence under the Employee Retirement Income Security Act of 1974 (ERISA). The proposed Fiduciary Duties in Selecting Designated Investment Alternatives rule clarifies fiduciary obligations when selecting investment options in defined contribution plans, including funds that contain private market investments, and  Read More →
Supreme Court Lowers Bar for ERISA Lawsuits
A recent Supreme Court ruling has changed the rules of the game for retirement plan lawsuits — and it could make life more challenging for plan sponsors. On April 17, 2025, the Court issued a unanimous decision in Cunningham v. Cornell University that makes it easier for certain ERISA lawsuits to move forward, potentially leading  Read More →
Supreme Court Declines Arbitration Case: What Employers Need to Know
The Supreme Court has again declined to address whether ERISA disputes can be resolved through arbitration, leaving plan sponsors with more questions than answers. The court’s decision in Argent Trust Co. v. Ramon Cedeno et al. highlights the ongoing circuit split regarding arbitration provisions in ERISA-covered plans. While some courts uphold these provisions, others invalidate  Read More →

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