Results for 'Erisa Mwaka'

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  1. The Silent Issue in Intel v. Sulyma: Does ERISA Section 413(2) Operate to Time-Bar Otherwise Timely Suits Challenging Subsequent Breaches of the Same Character?Rob Van Someren Greve & Paul Blankenstein - 2021 - Benefits Law Journal 34 (1):1-17.
    In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be (...)
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  2. Brokerage Windows in 401(k) Plans: The Total Abdication of Fiduciary Responsibility.Rob Van Someren Greve, Paul Blankenstein & Leigh Anne St Charles - 2021 - Benefits Law Journal 34 (4):4-44.
    This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.
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