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.
Analyzes the complete spectrum of a plan fiduciary’s duties
MAIN VOLUME INFORMATION
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
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