INSIGHTS


 
Protecting 401(k) Participants from Cybertheft Should be a Priority-What Sponsors and the Government Can Do

No federal law guarantees restoration of a participant’s account if it is stolen by a cyberthief. ERISA and state law might provide remedies if a participant can establish breach of fiduciary duty or negligence, but plan sponsors and the government can do more to deal with this problem.

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IRS Notice 2023-43 Continues the Expansion of EPCRS

SECURE 2.0 expands the ability of plan sponsors to self-correct inadvertent plan errors without making a formal IRS filing. In Notice 2023-43, the IRS provides guidance to follow until a revised revenue procedure can be issued.

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Are All ESG Investments Imprudent? A Plaintiff Suing American Airlines Says Yes

ESG investments are a minefield in the current political environment. A new lawsuit filed against American Airlines and its fiduciaries tries to target all ESG investments as imprudent.

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In the Room Where it Happened . . .

Take a peak in the room where it happened. Our partner Jeff Mamorsky describes the origins of ERISA, and his early career events.

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Sandra Cohen