B. David Joffe

The recent decision in Wanek v. Russell Investments demonstrates how retaining a 3(38) investment manager--selected through a well-documented process--may help limit an employer’s liability under its 401(k) plan....more Recent lawsuits have expanded fiduciary breach theories beyond retirement plans into the welfare benefit plan space. Employers are now facing claims that they failed to monitor pharmacy benefit managers (PBMs), paid excessive...more At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) mandates that group health plans and health insurance issuers that offer mental health or substance use disorder (MH/SUD) benefits must provide such benefits...more