In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. Smith's and Clark's personal benefit. (Id.Under ERISA, fiduciaries that exercise any authority or control over plan assets, including the selection of plan investments and service providers, must act. Section XV highlights specific types of ERISA litigation, including developing issues such as employer stock litigation and. We advise plan fiduciaries to engage in a reasoned decisionmaking process, consistent with ERISA Section 404(a)'s prudent man standard of care. The court observed that the term 'employee' must include leased workers "solely for tax purposes. " Additionally, the court rejected the idea that. This sixth edition discusses the wide range of issues that arise in litigation under ERISA. Section I addresses the Supreme Court's decisions defining ERISA's. Decision for which ERISA Section 404(c) may not be a complete shield.