Dylan D. Rudolph

Supreme Court Gives Plaintiffs Cover to Beat ERISA’s 3-Year Statute of Limitations

CLARISSA A. KANG and DYLAN D. RUDOLPH, February, 2020    On February 26, 2020, the Supreme Court settled a split among federal circuit courts of appeal regarding what it means to have actual knowledge of an alleged breach of fiduciary duty sufficient to begin the running of a three-year period to file suit on the […]

Supreme Court Remands Outlier Stock Drop Decision

JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, January 27, 2020    For many years, courts have wrestled with the standards that apply to a fiduciary’s decision to offer stock of the sponsor company as an investment option in the company’s 401(k) plan. The struggle arose from two arguably contradictory provisions in ERISA. One provision encouraged […]

Arbitrability of ERISA Fiduciary Breach Cases

JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019  This article was first published by the Journal of Pension Benefits: Issues in Administration, Design, Funding, and Compliance, Autumn 2018, Vol. 26, No. 1. Although the viability of arbitration rather than litigation in ERISA fiduciary breach claims remains to be seen, there are several considerations for employers who […]

Second Circuit Breathes New Life Into Company Stock Litigation

JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019   In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]

Are ERISA Claims Subject to Arbitration?

DYLAN D. RUDOLPH and BRIAN D. MURRAY, October, 2018   In recent years, the number of lawsuits filed under the Employee Retirement Income Security Act of 1974 (ERISA) has grown exponentially. So, too, has the typical value of claims asserted in those lawsuits. With the increased risk and expense of litigation, employee benefit plan sponsors and […]

Ninth Circuit Clarifies Remedies for Failure to Provide Documents Relevant to a Benefit Claim

DYLAN D. RUDOLPH, August 2016 — This summer, the Ninth Circuit quieted any uncertainty about the viability of claims for procedural penalties against plan administrators based on claimants’ requests, under a Plan’s benefit claims procedures, for documents related to their benefit claim. In Lee v. ING Groep, N.V., No. 14-15848, — F.3d — (9th Cir. […]