because the exemptions are affirmative defenses that must be raised by plans themselves when they move to dismiss lawsuits, resolving a circuit split on the issue. Sign up here. The justices ...

The Court characterized the exemptions to ERISA § 406(a)’s prohibitions set forth in ERISA § 408 as “affirmative defenses,” which it held defendants bear the burden of pleading and proving.

“[Laura] asserts the affirmative defense to any allegations brought against her that the ill conduct of [Ben] was a justifiable cause for any conduct complained of against her and [Laura ...

On December 14, the SEC adopted long-awaited amendments to Rule 10b5-1 under the Exchange Act that add new conditions for a trading arrangement to qualify for the rule’s affirmative defense ...