Returning Back to School: An Update on University Retirement Plan Litigation

Recent Developments in Business and Corporate Litigation, 2019 Edition

The American Bar Association’s (ABA’s) Business Law Section has published the 2019 edition of its annual compilation Recent Developments in Business and Corporate Litigation. Analysis Group Managing Principal D. Lee Heavner coauthored “Returning Back to School: An Update on University Retirement Plan Litigation,” a section of the chapter on ERISA litigation. Coauthored with Lisa S. Brogan, the chapter updates their contribution to the 2018 edition of this compilation, which traced the history of 401(k) and 403(b) retirement plans and provided an overview of ERISA cases filed against universities alleging breach of fiduciary duties with respect to these plans.

In the new chapter, Heavner and Brogan assess the current landscape of this area of law. They provide and in-depth evaluation of the one case to date that has gone to trial, as well as a review of others that have been dismissed in their entirety. From the orders and opinions in these cases, they analyze the trends and issues that are likely to be crucial as litigation over these issues continues to evolve.

Recent Developments in Business and Corporate Litigation, 2019 Edition is available for sale on the ABA’s website.

 

Authors

Heavner DL, Brogan L