Professional Liability

:: Should ERISA Attorneys Be Held Liable For Aiding & Abetting A Fiduciary Breach?

May an attorney be held liable for aiding and abetting a fiduciary breach? A recent law review article raises the issue and advocates the view. The article isn’t written for an ERISA audience, but it suggests the idea – should attorneys be held liable for advising ERISA fiduciaries on actions that are found to constitute …

:: Should ERISA Attorneys Be Held Liable For Aiding & Abetting A Fiduciary Breach? Read More »

:: Indemnification Provisions: Do They Apply To Excuse A Party’s Own Wrongdoing?

Only after the first tranche of the settlement funds had been distributed was a challenge raised in late January 2007 by a dissatisfied class member as to the accuracy of the distribution. Upon investigating, Hewitt represents that it discovered that an archived computer system used to calculate ESOP class member allocations contained an incorrect share …

:: Indemnification Provisions: Do They Apply To Excuse A Party’s Own Wrongdoing? Read More »