Alert December 18, 2012

New Goodwin Procter ERISA Litigation Update Available

Goodwin Procter’s ERISA Litigation Practice published its latest quarterly ERISA Litigation Update.  The update discusses (1) a Third Circuit decision holding that a nonfiduciary who is not a “party in interest” may be liable for knowingly participating in a fiduciary’s violation of ERISA Section 406(b)(3)’s anti-kickback provisions, (2) a district court decision granting summary judgment in a suit challenging an insurer’s use of a retained asset account to settle group life insurance benefits, and (3) a district court decision denying a motion to dismiss ERISA claims in a case challenging the use by a financial services company of affiliated investment products as options for its 401(k) plans.