Tag Archives: Fiduciaries

Khan & Pozen on Information Fiduciaries

Lina Khan (Yale University, Law School) & David Pozen (Columbia University – Law School) have posted A Skeptical View of Information Fiduciaries (Harvard Law Review, Vol. 133, 2019, Forthcoming) on SSRN.  Here is the abstract: The concept of “information fiduciaries” has surged … Continue reading

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Remember: Fiduciaries Can Be Sued For Misrepresentations

Plan administration is a tricky thing. There is a long history of court cases arising from claims for misrepresentation, but ERISA has generally been found to protect simple state aw claims for negligent misrepresentation. However, a misrepresentation can give rise … Continue reading

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Supreme Court Looks at Deficient Plan Communications: Fiduciaries Beware?

In the past, I have written about the importance of including accurate language in summary plan descriptions and how significant it is for plan sponsors to include appropriate "discretionary authority" language and "reservation of rights" provisions in plan documents. These … Continue reading

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Fiduciaries of Charities

Johnny Rex Buckles (Associate Professor of Law, University of Houston) recently published his article entitled Fiduciary Assumptions Underlying the Federal Excise Taxation of Compensation Paid by Charities, 45 Real Prop., Tr. & Est. L. J. 53 (Spring 2010). An excerpt… … Continue reading

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