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Supreme Court Recognizes ERISA Fiduciary Duty to Monitor Plan Investments
Skadden Link to more items from this source
May 20, 2015

"[T]he Supreme Court implicitly rejected 'continuing breach' theories of recovery that would treat the decision to acquire an investment and the decision to retain the investment as a single, continuous act and allow recovery of all investment losses incurred from the date of selection ... Instead, under the rationale of [Tibble v. Edison], as to investment options first made available to Plan participants outside the limitations period, any recovery would be limited to losses incurred as a result of a fiduciary's failure to properly monitor and remove imprudent investments within the six-year period preceding the filing of the claim."

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