Jenner & Block

“Will the Duty to Monitor Erode ERISA’s Limitations Provisions?” Employee Relations Law Journal

In this article, Jenner & Block Partners Amanda S. Amert and Craig C. Martin wrote an article in which they examine implications of the 2015 Supreme Court decision in Tibble v. Edison International.   The authors explain that the decision was widely reported to have impaired the viability of time-bar defenses to breach of fiduciary duty claims.  “In practice, however, courts applying the decision have reduced it to the somewhat unremarkable proposition that fiduciaries, having selected funds for their 401(k) plan line-ups, may not simply sit back and let them continue unless something goes really, obviously haywire,” they observe.  They then analyze a few of the cases that have already applied the decision to illustrate its impact.