Damages -Parties in Interest, Prohibited Transactions, & Disgorgement: TIAA Case Study

I. Introduction This section refines the definitions of ‘party in interest’ and ‘prohibited transaction’ as applied in litigation involving TIAA. In Cunningham v. Cornell, TIAA simultaneously acted as recordkeeper, annuity issuer, and provider of other investment options. This case provides a clear framework for analyzing the structural conflicts and prohibited transactions associated with insurer-issued fixed … Continue reading Damages -Parties in Interest, Prohibited Transactions, & Disgorgement: TIAA Case Study