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DOL Amicus Briefs Support Curbing Wave of ERISA Litigation
Winston & Strawn LLP Link to more items from this source
Jan. 30, 2026

"Amicus briefs are not binding law, but neither are they merely they symbolic. Until regulatory guidance is issued, some key takeaways include the following: [1] A signal to the plaintiffs' bar ... [2] A brief from the Solicitor General on behalf of the DOL can shape outcomes, even if the Supreme Court ultimately does not take the case.... [3] The DOL's new posture suggests that process and judgment should get more deference.... [4] The briefs telegraph where the DOL is heading on formal rulemaking."  MORE >>

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