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ERISA Fiduciary Litigation Update: Court Reiterates Priority of Process Over Results for 401(k) Plan Sponsors
K&L Gates 
Oct. 6, 2016 "The court makes clear repeatedly that there are few, if any, per se fiduciary breaches with respect to 401(k) investment management decisions.... [In] order to survive early dismissal, plaintiffs will need to do more than make summary allegations of breach; rather, they will need to allege specific facts that give rise to a 'reasonable inference' of wrongdoing. Moreover ... those facts must be oriented toward a failure of the decision-making process rather than to a hindsight analysis of results." [White v. Chevron, No. 16-0793 (N.D. Ca. Aug. 29, 2016)] MORE >> |
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