Breach of Fiduciary Duty

D.L. Markham DDS, MSD, Inc. 401(k) Plan v. Variable Annuity Life Ins. Co., No. 22-20540, __ F.4th __, 2023 WL 8642231 (5th Cir. Dec. 14, 2023)(Before Circuit Judges Clement, Haynes, and Oldham)

This published decision from the Fifth Circuit Court of Appeals turned on the court’s resolution of two important ERISA issues: (1)