On January 21, 2021, Feinberg, Jackson, Worthman & Wasow LLP and Bailey & Glasser, LLP filed an amicus curiae brief for Public Justice, P.C., on behalf of the Plaintiff-Appellee in Smith v. Board of Directors of Triad Manufacturing, Inc. in the Seventh Circuit of the U.S. Court of Appeals. Public Justice argues that individualized arbitration of fiduciary claims against ESOP fiduciaries undermines ERISA’s goal of uniform plan administration and also puts plans at risk of disqualification, which would have disastrous tax consequences for all plan participants.
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