A. Mitchell Polinsky

The American Bar Association’s (ABA’s) Business Law Section has published the 2020 edition of its annual compilation Recent Developments in Business and Corporate Litigation. Analysis Group Managing Principal D. Lee Heavner coauthored, with Lisa S. Brogan, “Back to School – Three Years Later: An Update on University Retirement Plan Litigation,” a section of the chapter on ERISA litigation. This entry reviews their past contributions to the compilation, which traced the history of 401(k) and 403(b) retirement plans and provided an overview of ERISA cases filed against universities alleging breach of fiduciary duties with respect to these plans.

In the new chapter, Dr. Heavner and Ms. Brogan explore developments from 2019 that offer clues as to whether courts will measure fiduciaries’ duties of loyalty and prudence in the context of 403(b) plans, or will instead treat them as 401(k) plans. In addition to revisiting the one case that has gone to trial and others that have been dismissed, they examine several noteworthy settlements from 2019, as well as significant activity in the US District Court for the Southern District of New York. From the orders and opinions in these cases, the authors analyze the trends and issues that continue to evolve around university retirement plans.

Recent Developments in Business and Corporate Litigation, 2020 Edition is available for sale on the ABA’s website.

The American Bar Association’s (ABA’s) Business Law Section has published the 2020 edition of its annual compilation Recent Developments in Business and Corporate Litigation. Analysis Group Managing Principal D. Lee Heavner coauthored, with Lisa S. Brogan, “Back to School – Three Years Later: An Update on University Retirement Plan Litigation,” a section of the chapter on ERISA litigation. This entry reviews their past contributions to the compilation, which traced the history of 401(k) and 403(b) retirement plans and provided an overview of ERISA cases filed against universities alleging breach of fiduciary duties with respect to these plans.

In the new chapter, Dr. Heavner and Ms. Brogan explore developments from 2019 that offer clues as to whether courts will measure fiduciaries’ duties of loyalty and prudence in the context of 403(b) plans, or will instead treat them as 401(k) plans. In addition to revisiting the one case that has gone to trial and others that have been dismissed, they examine several noteworthy settlements from 2019, as well as significant activity in the US District Court for the Southern District of New York. From the orders and opinions in these cases, the authors analyze the trends and issues that continue to evolve around university retirement plans.

Recent Developments in Business and Corporate Litigation, 2020 Edition is available for sale on the ABA’s website.

A key economic question in securities litigation is how to determine the amount of harm that can be attributed to alleged misstatements and that may be considered as damages. Securities litigation and the legal frameworks around the determination of damages have been developing in different jurisdictions in Europe over the past ten years.

This white paper provides a brief overview of the classical approach to determining damages that is prevalent in many European jurisdictions; describes the alternative framework called ‘Fraud on the Market’ that has been commonly accepted in US courts; summarizes the evolving state of legal frameworks in some of the leading European jurisdictions; and explains the economics and practicalities of calculating inflation damages.

A key economic question in securities litigation is how to determine the amount of harm that can be attributed to alleged misstatements and that may be considered as damages. Securities litigation and the legal frameworks around the determination of damages have been developing in different jurisdictions in Europe over the past ten years.

This white paper provides a brief overview of the classical approach to determining damages that is prevalent in many European jurisdictions; describes the alternative framework called ‘Fraud on the Market’ that has been commonly accepted in US courts; summarizes the evolving state of legal frameworks in some of the leading European jurisdictions; and explains the economics and practicalities of calculating inflation damages.

Analysis Group was retained on behalf of Reckitt Benckiser, the defendant in a fraud and trade secret misappropriation lawsuit brought by Absorption Pharmaceuticals arising out of a failed acquisition.

Analysis Group was retained on behalf of Reckitt Benckiser, the defendant in a fraud and trade secret misappropriation lawsuit brought by Absorption Pharmaceuticals arising out of a failed acquisition.

Analysis Group recently helped counsel for the administrator of large defined contribution plans win a dismissal with prejudice in litigation involving allegations that plan participants were being charged excessive fees.

Analysis Group recently helped counsel for the administrator of large defined contribution plans win a dismissal with prejudice in litigation involving allegations that plan participants were being charged excessive fees.