Topic
Fiduciary Liability
62 published works
Wills, Trusts & Estates Prof Blog
Novel Fiduciary Liability Risks under the Corporate Transparency Act
The Corporate Transparency Act (CTA), effective January 1, 2024, imposes new reporting obligations on most corporations, limited liability companies (LLCs), limited partnerships, and similar entities operating in the United States.…
Wills, Trusts & Estates Prof Blog
Novel Fiduciary Liability Risks under the Corporate Transparency Act
The Corporate Transparency Act (CTA), effective January 1, 2024, imposes new reporting obligations on most corporations, limited liability companies (LLCs), limited partnerships, and similar entities operating in the United States.…
California Corporate & Securities Law Blog
Reasons To Quit Delaware Are Gettin' Bigger Each Day
Over the last few months, I have been following the saga of the lawsuit challenging TripAdvisor's plan to change its corporate domicile from Delaware to Nevada. The stockholders approved the…
California Corporate & Securities Law Blog
Vice Chancellor Laster Rules That It Is "Reasonably Conceivable" ThatĀ Nevada Provides Greater Protection Against Fiduciary Liability Than Delaware
Last April, I wrote about a lawsuit challenging the redomestications of TripAdvisor, Inc. and Liberty TripAdvisor Holdings, Inc. Yesterday, Vice Chancellor J. Travis Laster issued his ruling on the defendants' motion to…
The D&O Diary
Guest Post: Flipping the Script on the New Excess Health Plan Fee Case Against Johnson & Johnson
Dan Aronowitz Many of you may have seen the February 5, 2024 Wall Street Journal article (here) describing the new lawsuit filed against Johnson & Johnson accusing the company of…
Roberts Disability Law Blog
In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA
In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly…
Cohen & Buckmann Insights
Join Us on 9/7 for an Insights Webinar on Fiduciary Liability Insurance
Fiduciary liability insurance is not required by law, but the proliferation of ERISA litigation has made it a practical necessity. Join us on September 7 from 1-2 ET to hear…
Boston ERISA & Insurance Litigation Blog
An Interesting Commentary on the State of the Fiduciary Liability Insurance Market
I didn’t want July to pass without commenting on The Fid Guru’s excellent blog post reviewing excessive fee litigation over the first half of the year and the corresponding state…
Cohen & Buckmann Insights
What to Keep on Your Radar and a Wish List for 2022
2022 promises to be a significant year for employee benefits. 2021 set the stage for some major developments in the year ahead. Here are some things to watch out for…
The D&O Diary
Guest Post: Excessive Fees, Excessive Fiduciary Litigation: A Balanced Look
[caption id="attachment_22126" align="alignleft" width="244"] Larry Fine[/caption] As I noted in a recent post, there recently has been an increase in excessive fee litigation against plan fiduciaries. In the following guest…