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Cybertheft Lawsuit: ERISA Fiduciary Breach Claims Dismissed Against Plan Sponsor But Move Forward Against Recordkeeper
Groom Law Group 
Oct. 16, 2020 "[T]he court concluded that Alight was the only defendant sufficiently alleged to be a fiduciary, and thus dismissed all claims against the Abbott Labs defendants but allowed the claims against Alight to move forward. The case highlights the evolving nature of ERISA cyber-security litigation and represents the second case where plaintiffs survived a motion to dismiss alleging that plan service providers were fiduciaries when allegedly failing to prevent cyberfraud from draining participant accounts[.]" [Bartnett v. Abbott Laboratories, No. 20-2127 (N.D. Ill. Oct. 2, 2020)] |
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