Recent Articles

Adapting to Glenn in the Second Circuit

Stephen D. Rosenberg
December 30, 2008 16:06

I noticed in my statistics package for the blog that this past Thursday, Christmas Day, had the lowest readership of this blog in months. Come on people, ERISA is for everyday, not just workdays! And here’s why. The day before Christmas, the Second Circuit issued its ruling adjusting its case...

More Evidence that Including Company Stock in a Retirement Plan May Not Be Worth the Litigation Risk

Stephen D. Rosenberg
December 29, 2008 16:19

A few months back, I discussed the broad conception of damages in stock drop type cases articulated in the case of Bendaoud, which essentially found that damages exist if the participant could have done better in an alternative investment option. This concept makes it fairly easy to construct a...

Blogging on Fixing the 401(k)

Stephen D. Rosenberg
December 24, 2008 14:26

Sometimes the Zeitgeist is hard to read, other times it hits you smack in the face with a two by four. As we move towards the end of the year (the business year anyway, as we all know how much work actually gets done between Christmas eve and New Year’s day), the constant drumbeat of news...

On Fiduciary Bonds and Fiduciary Insurance

Stephen D. Rosenberg
December 22, 2008 16:57

Well, I suppose nothing could be located more squarely at the intersection of the two topics in this blog’s title than the difference between fiduciary liability insurance (which lets fiduciaries sleep at night) and fiduciary bonds (which protects a plan’s assets, rather than insuring...

Randy Maniloff's Top Ten Insurance Coverage Decisions for Dummies and the Rest of Us

Stephen D. Rosenberg
December 15, 2008 15:46

Some bloggers blog their way to greatness, other bloggers have greatness thrust upon them. For some reason, that line popped into my head when Randy Maniloff’s always entertaining article on the top ten insurance coverage decisions of the past year appeared, like manna from heaven, in my...

The Tribune Bankruptcy and Breach of Fiduciary Duty Litigation Over its ESOP

Stephen D. Rosenberg
December 11, 2008 16:17

I had a whole line of things I was planning to blog on, but events keep overtaking them. Today, that is the story of the Tribune bankruptcy, and its effect, detailed here, on the Tribune ESOP. We have all been watching the booming industry in filing ERISA breach of fiduciary duty cases based on the...

Intellectual Property Exclusions and Trends in Insurance Coverage Law in Massachusetts

Stephen D. Rosenberg
December 08, 2008 21:33

At this point, I think we are entering a new era in Massachusetts law concerning insurance coverage, one different than any I have seen before in my decades of litigating such cases in the Commonwealth. In this brave new world, policies are apparently applied as written, and insureds cannot just...

On Education and Repetition

Stephen D. Rosenberg
December 08, 2008 17:32

Well, I think Roy Harmon and I (mostly Roy, actually) just previewed for you what this webinar plans to cover, the ethical and privilege traps involved in providing legal counsel to ERISA governed plans and their administrators. Still - luckily for people like me and Roy who blog on these subjects...

On the Scope of the Attorney Client Privilege In ERISA Litigation

Stephen D. Rosenberg
December 04, 2008 17:02

This really isn’t an instance of logrolling (or blogrolling, as the case may be), I promise, even though Roy Harmon’s post that I am passing along here refers to me and my electronic discovery post a few times; the subject of Roy’s post got my attention and led me to read it long...

Electronic Discovery and the Federal Rules

Stephen D. Rosenberg
December 03, 2008 16:45

Here is an excellent article on electronic discovery under the federal rules, and efforts to reduce the expense of this process by protecting against inadvertent waiver of privilege. As long time readers know, I have frequently criticized the structure and format of the federal rules, and their...