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Board oversight not exempted for religious organizations

Gabriel Imperato ( is Partner in the Fort Lauderdale office of Nelson Mullins Riley & Scarborough LLP.

The author wishes to acknowledge the valuable contributions to this article made by Ryan Greenberg, summer associate at Nelson Mullins in Fort Lauderdale, FL.

On May 24, 2022, New York Attorney General Letitia James sued the Roman Catholic Diocese of Albany, New York; its leadership; and others in the New York State Supreme Court of Schenectady County. The suit alleges that the defendants breached their fiduciary and legal duties to more than 1,100 former employees of St. Clare’s Hospital by intentionally removing the St. Clare’s Retirement Income Plan from the protections available under federal law and failing to fund, insure, and administer the pension plan.[1]

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