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Reasserting ERISA's Private Enforcement Design: A Rebuttal to EBSA's 'Frivolous Litigation' Narrative
The Prudent Investment Adviser Rules 
[Opinion] Apr. 1, 2026 "Recent statements by the EBSA leadership and Assistant DOL Secretary, Daniel Aronowitz, frame ERISA litigation as abusive,' 'frivolous,' and in need of increased structural restrictions.... This position ... is inconsistent with ERISA's statutory design, controlling Supreme court precedent, and the legislative history of ERISA itself. Properly understood, ERISA depends upon participant-driven litigation as a primary enforcement mechanism.... [E]fforts to restrict access to the courts undermine -- not further -- ERISA's core purposes." MORE >> |
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