Separation Agreement’s Release Bars Derivative ERISA 401(k) Challenge, Judge Rules

Mealey's (October 20, 2021, 1:15 PM EDT) -- ATLANTA — A separation agreement bars a derivative action alleging breach of fiduciary duty in regard to a retirement plan governed by the Employee Retirement Income Security Act, a Georgia federal judge ruled on Oct. 15, dismissing the suit upon finding that “even if the Plaintiff did not actually waive the Plan’s ERISA claims, he nonetheless gave up his ability to bring those claims on behalf of the Plan.”...