By Mark Casciari and James Hlawek

Seyfarth Synopsis:  A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations.  The decision serves as a warning to defendants that they may be forced into costly discovery based on

By: Rebecca K. Bryant, Sam M. Schwartz-Fenwick, and Ian H. Morrison

Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary authority or notice of a document affecting standard of review

By: Mark Casciari and Michael W. Stevens

Seyfarth Synopsis: A recent Supreme Court decision on federal securities law may hold ramifications for ERISA practitioners by addressing whether disgorgement is an equitable remedy.

ERISA’s civil enforcement provisions generally allow the federal courts to award appropriate “equitable” relief. A permissible equitable remedy is disgorgement, which, in

By Michael W. Stevens and Mark Casciari

Seyfarth Synopsis:  The Supreme Court dismissed, prior to any discovery, claims of ERISA fiduciary breach because the plan participant-plaintiffs failed to show that the alleged breaches caused them concrete injury.  As a general matter, this decision will make it more difficult for plaintiffs to claim ERISA violations in