Avoiding Litigation In The Aftermath Of Cunningham V. Cornell University
The U.S. Supreme Court has issued its highly anticipated decision in Cunningham v. Cornell University, resolving an ongoing split among the federal circuit courts regarding whether or not a plaintiff alleging a prohibited transaction in violation of section 406(a) of the Employee Retirement Income Security Act of 1974 (ERISA) must also allege that none of the exemptions to the prohibited transaction rule in ERISA section 408 apply. In its decision, the Supreme Court unanimously […]