of ... providing benefits to participants and their beneficiaries” and that the fiduciary “shall not ... deal with the assets of the plan in his own interest or for his own account.” 29 U.S.C. §§ 1104(a)(1), 1106(b) (emphases added). 5 . These principles are consistent with the law of trusts, which "often will inform, but will not necessarily determine the outcome of, an effort to interpret ERISA's fiduciary duties.” Varity Corp., 516 U.S. at 497, 116 S.Ct. 1065. A financial loss is not a requirement for a disgorgement claim under trust law. See Restatement (Third) of Trusts § 100 cmt. c (explaining a trustee "is liable for any profit he has made through his breach of trust even though the trust has suffered no loss”); see also Scanlan v. Eisenberg, 669 F.3d 838, 846 (7th Cir.2012) (<HOLDING>). 6 . Notably, for the proposition that an
holding a plaintiff had standing to bring a state law disgorgement claim even though her ultimate distributions were not diminished by the breach of fiduciary duty holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action holding that plaintiff lacked article iii standing when the alleged breach of fiduciary duty if anything increased his retirement distributions holding that breach of fiduciary duty claim was preempted by fehba holding that claim of breach of fiduciary duty can be resolved under connecticut law