Excerpt from Practical Guidance

The Circuit Split On ERISA's Actual Knowledge Standard

By Joshua Lichtenstein, Daniel Ward, Patrick Dolan and Kate Yuan Tian (October 17, 2019, 4:50 PM EDT) -- This article addresses the so-called actual knowledge prong of the Employee Retirement Income Security Act's statute of limitations for alleged fiduciary breach, in a manner that may be particularly relevant to asset management companies by exploring the differing approaches to actual knowledge currently existing among the federal circuits — a split that may soon be resolved by the U.S. Supreme Court, given the court's recent grant of certiorari on the issue in Intel Corp. Investment Policy Committee et al. v. Sulyma. ...

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