Article on More Coherent Limitations Period for ERISA Breach of Fiduciary Duty

Raphael Janove (Law Review, University of Chicago School of Law) has recently published an article entitled, All Out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach of Fiduciary Duty Claims, (May 17,2013).  Provided below is the abstract from SSRN: 

This Comment addresses a circuit split regarding aninterpretation of the phrase “fraud or concealment” in ERISA’s statute oflimitations for breaches of fiduciary duty. The majority rule fuses the twowords into “fraudulent concealment” and the minority rule reads the phrase as“fraud or fraudulent concealment”. My Comment proposes an alternativeinterpretation based on the common law of trusts.