SECURE 2.0 directs the Department of Labor to establish a national participant lost & found database. While this is step forward in trying to unite former participants with their benefits, Carol explains why plan fiduciaries won’t be able to rely completely on this new tool.
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There were many important developments affecting plan sponsors and benefits professionals in 2022, and there is reason to expect more in 2023. Here is what to keep on your radar.
Read MoreNew regulations make ESG investing easier, but can’t close the political divide.
Read MoreSeveral new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.
Read MoreFor RIAs that haven’t yet updated their Advertising and Marketing P&Ps, time is quickly running out. The compliance deadline for the new marketing rule is just weeks away and the SEC has set its sights on enforcement.
Read MoreCarol tells Bloomberg Law why we need more guidance on liability when participant benefits are stolen by internet thieves.
Read MoreWho is responsible when a thief steals a participant’s 401(k) account?
Read MoreA recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.
Read MoreMandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.
Read MoreThe 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?
Read MoreWe 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.
Read MoreCryptocurrency 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.
Read MoreCarol Buckmann is quoted in this 401ktv article on private equity investments through 401(k) plans.
Read MoreDoes 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.
Read MoreThe Department of Labor has cautioned plan fiduciaries to “exercise extreme care” in deciding whether to permit cryptocurrency investments.
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