Plan Fiduciaries Tell High Court They Don’t Need To Prove Disclosures Were Read

(August 22, 2019, 12:44 PM EDT) -- WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals’ ruling allowing the three-year statute of limitations under the Employee Retirement Income Security Act to be avoided by demonstrating an absence of “actual knowledge” that a breach of fiduciary duty has occurred “flies in the face of the policies animating ERISA’s disclosure regime and its limitations provision,” plan fiduciaries argue in their petitioners brief filed Aug. 21 in the U.S. Supreme Court (Intel Corporation Investment Policy Committee, et al. v. Christopher M. Sulyma, No. 18-1116, U.S. Sup.)....