ERISA Fiduciary Law, Second Edition, with 2016 Cumulative Supplement

This treatise provides practitioners with a complete roadmap to the many requirements of the Employee Retirement Income Security Act. It covers both individual and class prohibited transaction exemptions, rules governing employee share ownership plans, fee disclosure regulations, and much more.

Susan P. Serota
Editor (Second Edition and 2016 Cumulative Supplement)
Frederick A. Brodie
Editor (Second Edition)
Andrew L. Oringer
Editor (2016 Cumulative Supplement)
Kathleen D. Bardunias
Assistant Editor (2016 Cumulative Supplement)


Analyzes the complete spectrum of a plan fiduciary’s duties  


ERISA Fiduciary Law, Second Edition is a leading must-have for any legal practitioner navigating the many requirements of the Employee Retirement Income Security Act (ERISA) and seeking clarity in the constantly developing body of plan fiduciary case law. Practitioners can address crucial ERISA-related issues with this in-depth analysis of definitive fiduciary topics. Discussion encompasses ERISA, the Internal Revenue Code, Department of Labor regulations, and the federal courts.

Analysis from prominent practitioners provides every research advantage on the range of fiduciary responsibility issues, with ERISA’s complex fiduciary rules carefully explained, summarized, and examined. This treatise explores the intricacies of this area of law, addresses both basic principles and a range of specific considerations, explains the relevance of significant exceptions and exemptions, and describes the many complex rules governing ESOPs.



The 2016 Cumulative Supplement includes a new chapter on the ERISA implications of investment in swaps and other derivatives, consideration of emerging topics relating to the Department of Labor’s controversial reproposal of the definition of “fiduciary” under ERISA and the proposed “Best Interest Contract” class exemption, and a discussion of insurers’ fiduciary responsibilities. Analysis has been updated for a number of recent judicial and regulatory developments, including a host of Supreme Court cases such as Fifth Third Bancorp v. Dudenhoeffer and Tibble International v. Edison, and other federal court decisions addressing revenue sharing and excessive fee claims, statute of limitations, arbitration, employer stock-drop issues, preemption of state law malpractice claims against attorneys, and many others.

Summary of Contents

Chapter 1. Overview of ERISA Fiduciary Law

Chapter 2. Application of Plan Asset Rules to Plan Investments and Contributions

Chapter 3. Fiduciary Issues in Welfare Plans

Chapter 4. Named Fiduciaries

Chapter 5. Investment Management by Plan Fiduciaries

Chapter 5A. A Guide to Swaps and Avoiding Collateral Damages

Chapter 6. Insurance Companies as Fiduciaries

Chapter 7. Trusts and Trustee Responsibility

Chapter 8. Allocation and Delegation of ERISA Fiduciary Responsibilities

Chapter 9. Participant-Directed Retirement Plans

Chapter 10. International Investment of Plan Assets

Chapter 11. ESOP Fiduciaries: Decisions and Valuations

Chapter 12. The Social Investing Quandary

Chapter 12A. Investment Funds and ERISA

Chapter 13. Class Exemptions from Prohibited Transactions

Chapter 14. Individual Prohibited Transaction Exemptions

Chapter 15. Fiduciary Litigation Under ERISA

Chapter 16. Fiduciary Duties and Bankruptcy

Chapter 17. Fiduciary Disclosure Obligations

Chapter 18. Ethical Issues Under ERISA: Attorney-Client Privilege, the Work Product Doctrine, and Professional Responsibility


Table of Cases



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Susan P. Serota is a partner in Pillsbury Winthrop Shaw Pittman LLP, New York, NY.

Frederick A. Brodie was formerly a partner at Pillsbury Winthrop Shaw Pittman LLP.  He is now in public service.


Andrew L. Oringer is a partner in Dechert LLP, New York, NY.

Kathleen D. Bardunias is a Special Counsel at Foley & Lardner LLP in Milwaukee, WI.



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