When a buyer acquires a company – whether through a stock or asset transaction – one of the more consequential employee benefits decisions it will face is what to do with the target's 401(k) plan.
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We share expert insights on executive compensation, retirement plans, fiduciary duties, and more.
Stay updated on the latest legal trends and practical advice for employers and executives.
Every employee benefit plan needs roadmaps for compliance. Developing those requires seeing the big picture
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The Department of Labor has proposed a new safe harbor for 401(k) menu choices, including alternative investments. The hope is that the safe harbor will help to limit litigation against plan fiduciaries responsible for investments. How much of a shield could it provide?
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Too much secrecy can lead family offices to miss controlled-group status—impacting ERISA obligations, ACA mandates, and 401(k) testing. Here’s how to balance privacy with compliance.
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What does the end of efforts to revise the fiduciary rule mean for plan sponsors? Although the old rules apply, plan sponsors can still make sure that they hire advisers who accept and acknowledge their fiduciary responsibilities.
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The Supreme Court will be ruling on an issue likely to have a major impact on 401(k) plan litigation- whether plaintiffs must plead a meaningful benchmark when challenging plan investments as imprudent. Regardless of how the Court rules, fiduciaries should be prepared to defend their benchmarks used in investment review and communications.
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Congratulations, you’re divorced. Your retirement account didn’t get the memo.
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Here is a list of benefits changes we’d like to see in 2026. ERISA litigation reform and changing the Roth catch-up requirement feature prominently on the list.
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Misunderstanding the scope of fiduciary responsibility can be costly. Here are six common myths that prevent fiduciaries from fulfilling their ERISA responsibilities and managing their liability exposure.
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This court proceeds from the unstated assumption that all investments which take ESG considerations into account are improper, even when they are related to financial performance. This is just one lower court decision, but what does it mean for plan fiduciaries?
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The SEC has been targeting recordkeeper cross-selling practices, but ERISA has its own restrictions that may be violated when a recordkeeper markets to plan participants. What does a recently filed lawsuit against Empower mean for plan sponsors and committees?
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A good plan governance structure provides a roadmap for fulfilling ERISA fiduciary responsibilities. It can also mitigate the risk of losing a fiduciary breach lawsuit. A prudent process is key.
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High earners will be required to make all catch-up contributions on a Roth basis beginning in 2026. Implementing the new requirement will require applying special rules that don’t apply for any other purpose and will require plan sponsors to coordinate with their recordkeepers and payroll providers. This can’t be done at the last minute.
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Alternative investments can supplement traditional 401(k) investments by helping to control volatility. However, ERISA plans are not private investors. Fiduciaries who want to add alternative investments to their plans need to do so in a way that complies with ERISA and serves their plan participants.
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Surveys show that 401(k) participants want lifetime income options, but only a minority of plans offer them. What can we do about it?
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