ERISA Litigation Roundup: Another Court Finds 401(k) Plan Participant Data Is Not a Plan Asset

The Southern District of Texas is the latest court to reject breach of fiduciary duty claims based on a party’s use of participant data.

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About Author: Emily Kile-Maxwell

Emily Kile-Maxwell litigates complex commercial and employee benefits (ERISA) disputes through all phases of litigation, including on appeal. Emily represents commercial clients, benefit plans and plan fiduciaries, third-party administrators, and insurance companies in disputes and litigation, and also advises clients on benefit claim administration, plan administration and plan design. View all posts by and

About Author: W. Glenn Merten

Glenn Merten, a sought-after litigator, represents insurance carriers, service providers and financial institutions in class actions, complex litigation and administrative proceedings. He is the co-leader of the firm’s ERISA litigation team and a member of both the Insurance and Benefits and Executive Compensation practice groups. With more than two decades of experience guiding clients through compliance issues and alternative dispute resolution, Glenn helps shield clients from the cost and risk of litigation. He often represents clients in high-stakes internal investigations and regulatory enforcement actions. View all posts by and

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