Ninth Circuit: Incorporation of SEC Filings by Reference in SPDs Is Fiduciary Act | Practical Law
A three-judge panel of the US Court of Appeals for the Ninth Circuit reissued its opinion in Harris v. Amgen, adding that the incorporation of SEC filings by reference in a summary plan description (SPD) qualifies as an act performed in a fiduciary capacity under the Employee Retirement Income Security Act (ERISA).