Analysis Group Consultants Contribute ERISA Scholarship to ABA Business Law Compilation

May 29, 2019

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 consultants contributed to two entries in the ERISA chapter of this year’s edition.

Managing Principal D. Lee Heavner and Vice President Ahmer Nabi, together with three coauthors from O’Melveny & Myers, jointly wrote “ERISA Litigation Involving Target Date Funds,” which assesses a series of cases dealing with target date funds (TDFs) held in ERISA retirement plans. Heavner, Nabi, and their coauthors provide an overview of the history and makeup of TDFs, explain their popularity in retirement investing, and outline some of the complexities involved in evaluating their historical performance. They then review a series of legal challenges involving TDFs that have been brought under ERISA, including suits based on issues specific to particular TDFs, and offer concluding thoughts on the future of this litigation.

Heavner also coauthored, with Lisa S. Brogan, “Returning Back to School: An Update on University Retirement Plan Litigation.” This entry 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 evaluate the one case to date that has gone to trial, as well as 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.