Richard J. Pearl
Subscribe to Richard J. Pearl's PostsRick Pearl focuses his practice on litigation involving the Employee Retirement Income Security Act of 1974 (ERISA). He represents companies, their benefits committees, plan administrators, fiduciaries, and service providers in complex, class-action litigation and Department of Labor lawsuits, audits, and investigations. His particular expertise is with actions for breach of fiduciary duty and prohibited transactions. Read Rick Pearl's full bio.
ERISA Health Plan Fiduciaries Defeat DOL’s Excessive Fee Claims
By Erin Steele, Megan Mardy and Richard J. Pearl on Mar 26, 2019
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
In one of the first ERISA cases to address claims against fiduciaries for excessive health plan fees, the court entered judgment in favor of the defendants on all counts. The decision addresses health plan fiduciary standards for reviewing plan fees and expenses. Access the full article.
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Still No Right to Jury Trial – MIT 401(k) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims
By McDermott Will & Emery and Richard J. Pearl on Mar 12, 2019
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Retirement Plans
The District of Massachusetts court struck the plaintiffs’ jury-trial demand in their ERISA complaint for damages and equitable relief against 401(k) plan fiduciaries. The court followed the “great weight of authority” in ruling that there is no right to trial by jury in ERISA actions for breach of fiduciary duty. Access the full article.
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Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute
By Diane Morgenthaler, Erin Steele, McDermott Will & Emery and Richard J. Pearl on Feb 19, 2019
Posted In Benefit Controversies, Employee Benefits, Retirement Plans
Several large employers are disputing how much money the New York Times owes a union multiemployer pension fund. Recently, six companies—including US Foods Inc. and United Natural Foods Inc.—filed an amicus brief supporting the New York Times in its case before the US Court of Appeals for the Second Circuit. Ruprecht Co., an Illinois meat...
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Eighth Circuit Rejects Cross-Plan Offsetting
By J. Christian Nemeth and Richard J. Pearl on Feb 12, 2019
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Health and Welfare Plans
A recent Eighth Circuit decision regarding “cross-plan offsetting” serves as an important reminder of how ERISA’s fiduciary duties impact both employers and fiduciaries who handle claims. The case involved the common practice of cross-plan offsetting, which occurs when a claims administrator resolves an overpayment to a provider by refusing to pay that provider for a...
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Ninth Circuit Clarifies “Actual Knowledge” for ERISA’s Statute of Limitations
By McDermott Will & Emery and Richard J. Pearl on Jan 15, 2019
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Retirement Plans
Late last year, the Ninth Circuit held that in order to trigger ERISA’s three-year statute of limitations a defendant must demonstrate that a plaintiff has actual knowledge of the nature of an alleged breach. Accordingly, the court held that merely having access to documents describing an alleged breach of fiduciary duty is not sufficient to...
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Fridays With Benefits Webinar | ERISA Litigation – Are You Bullet-Proofed for the Inevitable?
By Richard J. Pearl, Ted Becker and McDermott Will & Emery on Jan 9, 2019
Posted In Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Health and Welfare Plans, Retirement Plans
What to expect in 2019 and how to prepare now. Join McDermott lawyers Judith Wethall, Ted Becker and Rick Pearl for an interactive discussion regarding ERISA litigation trends. Join our lively 45-minute discussion while we tackle the following items: Plaintiffs’ law firm’s solicitations Health & Welfare Fee Litigation Defined-Benefit Plan Litigation – Actuarial Equivalence lawsuits...
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ERISA Class-Action Litigation over Fees in Health and Welfare Plans
By J. Christian Nemeth and Richard J. Pearl on Dec 11, 2018
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan. It challenges health-plan fiduciary oversight and reasonableness of fees similar to actions against fiduciaries of defined-contribution retirement plans. The action highlights the importance of establishing and documenting prudent fiduciary processes for...
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