Another Cybertheft Lawsuit Spotlights 401(k) Recordkeeper Procedures

Who is responsible when a thief steals a participant’s 401(k) account?

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.

More Pushback Against CAR 2022-01: ForUsAll’s Suit Against the Department of Labor

The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?

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.

Industry Groups Push Back-Why the DOL Should Partner with Stakeholders to Revise Its Cryptocurrency Guidance

Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.

In the News-401ktv Article Quotes Carol Buckmann

Carol Buckmann is quoted in this 401ktv article on private equity investments through 401(k) plans.

Fiduciary Advice, Qualified Retirement PlanSandra CohenApril 1, 2022privateequity, 401k

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.

Bitcoin in Your 401(k)? DOL Cautions Fiduciaries About Cryptocurrency Risks

The Department of Labor has cautioned plan fiduciaries to “exercise extreme care” in deciding whether to permit cryptocurrency investments.

Supreme Court Decision Impacts 401(k) Plan Litigation

The decision has implications for both 401(k) and 403(b) plan fiduciaries.

On the Hunt for Good Fiduciary Processes? What to do After the Supreme Court Decision in Hughes

On the hunt for good fiduciary processes when selecting and monitoring investment funds for 401(k) plans after Hughes v. Northwestern University? Ben Josselsohn has some thoughts about how plan sponsors and fiduciaries can demonstrate appropriate procedural prudence as they make difficult tradeoffs when reviewing plan investments and service providers.

Fiduciary Advice, Qualified Retirement PlanBen JosselsohnFebruary 28, 2022