With Deborah Birnbach, James Dittmar, Anthony Feeherry, James Fleckner
In a unanimous decision, the U.S. Supreme Court held yesterday that the Employee Retirement Income Security Act (“ERISA”) authorizes participants of defined contribution pension plans (such as 401(k) plans) to sue ERISA fiduciaries under ERISA § 502(a)(2) to recover losses arising from a breach of ERISA fiduciary duties to their individual plan accounts.