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Several Cases on Supreme Court's ERISA Docket May Affect Plan Sponsors
October Three Consulting Link to more items from this source
June 27, 2019
"At issue in Intel is ... for purposes of the three-year limit, what constitutes 'actual knowledge?'... A rule that ... a plaintiff can avoid application of ERISA's three-year statute of limitations by simply claiming that he never read or 'looked at' those disclosures would, to a great extent, nullify the effect of [that rule].... If the Supreme Court upholds the Second Circuit in Jander, then some sponsors will, in effect, be compelled to ... come to a judgment to disclose/not disclose inside information under an entirely separate statute/set of standards than those applicable under the securities laws, and may be judged to have violated ERISA's fiduciary rules if they get that judgment wrong."

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