Is Your Plan Cyber-Secure? Fiduciaries and Vendors Face Ongoing Challenges

Plan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.

Could Have, or Would Have, that is the ERISA Question

Plaintiffs want a retrial to change a jury’s determination that there were no damages from a fiduciary breach involving Yale’s retirement plan. The DOL supports them. Which standard applies?.

Fiduciary Advice, Qualified Retirement PlanJeff MamorskyJanuary 14, 2024ERISA, litigation, damages

A Benefits Wish List for 2024

Here are some developments that could change things for the better in 2024.

Fiduciary Advice, SECURE 2.0, Qualified Retirement PlanCarol BuckmannDecember 17, 2023ERISA, secure2.0, fiduciaryduty

Hidden Advisor Fees: Ninth Circuit and DOL Let the Sunshine In

The fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.

Join Us on 9/7 for an Insights Webinar on Fiduciary Liability Insurance

We invite you to join us on 9/7 for answers to your questions about fiduciary liability insurance.

$13 Million Settlement By USC Shows That ERISA Litigation Continues to Be Costly-Good Governance Helps

Universities have been targeted in excessive fee lawsuits. Many have resulted in costly setlements, but good practices can help.

Fiduciary AdviceJeff MamorskyAugust 10, 2023403(b)plans, ERISA, Litigation

Should Congress Micromanage 401(k) Investments?

Two recently introduced bills would restrict or discourage classes of retirement plan investments. Is this the right policy?

Avoiding ERISA Coverage for HSAs-What Are the Dos and Don'ts?

HSAs aren’t subject to ERISA if you follow the Department of Labor’s roadmap.

Welfare BenefitsCarol BuckmannApril 25, 2023HSAs, ERISA, planadministration

In the News-Pensions & Investments Quotes Carol Buckmann on Supreme Court Decision

A recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.

In the News-Carol Buckmann Quoted by Pensions & Investments

Mandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.

Arbitration of ERISA Claims Under the Microscope-Where are the Courts and Congress Headed?

We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.

Private Equity and 401(k) Plans-Do They Belong Together?

Does private equity belong in 401(k) plans? The Department of Labor has issued new guidance cautioning fiduciaries about the risks. Carol Buckmann discusses the issues in this article for Investment News.