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Fiduciary Liability Litigation

 

Increasingly, pension and 401(k) plan fiduciaries find themselves targets of complex fiduciary liability lawsuits that threaten corporate and even personal assets.

 

"When business officers, directors and executives do not fully understand the serious obligations of serving as a fiduciary under ERISA, they expose themselves to the risk of costly litigation." states Mark Johnson, Ph.D., J.D. and President of ERISA Benefits Consulting.

 

The Employee Retirement Income Security Act (ERISA) contains four requirements for  401(k) plan fiduciaries often referred to as the obligation to operate plans for the "exclusive benefit" of the participants: 

   1. the duty of loyalty

   2. the duty of prudence

   3. the duty to diversify investments

   4. the duty to follow plan documents

ERISA Section 409 stipulates that any "person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach..." The fiduciary may also be personally responsible for paying any civil penalties or excise taxes imposed on an employer by a Court of Law.

 

Dr. Johnson has developed an in-depth knowledge of fiduciary liability cases by working closely with plaintiff and defense counsel on leading national cases involving Fortune 500 companies. He is available to advise you on an existing case or to help you review pension plan documents in an effort to minimize litigation threats. Learn more about Dr. Johnson here.

 

 

Contact Fiduciary Liability Expert Dr. Mark Johnson

 

You can reach Dr. Johnson via email or by phone at 817-909-0778. He is available to confidentially discuss an ERISA or fiduciary liability matter.

 

Click on the link to read about his representative ERISA cases.

 


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Multi-Employer Pensions

 

 

Cases


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Publications


"Multiemployer Pension Plan Benefit Reductions to be Reviewed by Kenneth Feinberg"

 

"Department of Labor Issues Proposed Fiduciary Rule on Investment Advice"

 

"Bond Investments Gain Favor with Large Pension Funds"

 

"Retiree Medical Benefits Face Changes Due to De-Risking and Cost Control Efforts"

 

"Pension Annuitization Continues in De-Risking Trend"

 

Industry News


The Dept. of Labor extends public comment period on proposed fiduciary rule for retirement account advisors.

 

PBGC says multiemployer guarantee will cover smaller share of benefits in future plan failures.

 

Illinois Supreme Court unanimously rules that state pension reform is unconstitutional.

 

PBGC Issues FAQs On Multiemployer Reform Act of 2014

 

Summary of 2014 Social Security and Medicare Trustee Reports

 

 

 

 

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