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Posts tagged erisa
The Long Arm of ERISA Falls Short-How A Foreign Affiliate Escaped Liability
The Long Arm of ERISA Falls Short-How A Foreign Affiliate Escaped Liability

All members of a controlled group are liable under ERISA for plan termination and withdrawal liability, but in practice, it isn’t easy to get jurisdiction over foreign members.

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Qualified Retirement PlanCarol Buckmanncontrolledgroup, erisa, extraterritorialjurisdiction
Process Prevails in ERISA Excessive Fee Bench Trial
Process Prevails in ERISA Excessive Fee Bench Trial

Most ERISA lawsuits don’t get to trial, but a recent decision in a 401(k) fiduciary breach lawsuit shows that fiduciaries who follow prudent processes can win.

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Fiduciary Advice, Qualified Retirement PlanJeff Mamorskyerisa, litigation, fiduciaryduty
Protecting 401(k) Participants from Cybertheft Should be a Priority-What Sponsors and the Government Can Do
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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Fiduciary Advice, Qualified Retirement PlanCarol Buckmanncybersecurity, erisa