Fiduciary liability – First Circuit shifts burden of defending a fiduciary breach claim
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Abstract: A recent ruling could set the stage for a definitive U.S. Supreme Court opinion regarding retirement plan fiduciaries’ liability on the subject of monitoring plan expenses. The U.S. Court of Appeals for the First Circuit’s ruling in Brotherston v. Putnam Investments shifts a key aspect of the burden of proof of a fiduciary breach from the plaintiff employees to the plan sponsor defendant. This article reviews the case and the court’s decision. Brotherston v. Putnam Investments, No. 17-1711, October 15, 2018 (First Cir.)
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