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What Is 'Actual Knowledge' in ERISA Breach of Fiduciary Duty Cases?
Butterfield Schechter LLP 
Jan. 22, 2019 "The 9th Circuit court found that because the plaintiff alleged he was unaware of the investments, he did not have actual knowledge that those investments occurred and that they were imprudent. The plaintiff may have had constructive knowledge based on the information available on the website, but he cannot have actual knowledge if he never looked at the documents." [Sulyma v. Intel Corp. Investment Policy Comm., No. 17-15864 (9th Cir. Nov. 28, 2018)] MORE >> |
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