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.

Fiduciary Advice, Qualified Retirement PlanJeff MamorskyAugust 23, 2023erisa, litigation, fiduciaryduty

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

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.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannJuly 16, 2023cybersecurity, erisa

Should Congress Micromanage 401(k) Investments?

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

NYC Pension Funds Suit Illustrates the Importance of ERISA

A lawsuit challenging the divestment of fossil fuel investments by three New York City pension plans puts a spotlight on the need to follow good fiduciary processes.

Fiduciary AdviceJeff MamorskyJune 13, 2023publicplans, erisa, esginvestment

Are All ESG Investments Imprudent? A Plaintiff Suing American Airlines Says Yes

ESG investments are a minefield in the current political environment. A new lawsuit filed against American Airlines and its fiduciaries tries to target all ESG investments as imprudent.

Law 360 Article: Fiduciaries Must Revisit ERISA Origins

In this article published May 24, 2023 by Law360, ERISA attorney Jeff Mamorsky explores the history of ERISA and why the underpinnings of ERISA are more important than ever.

Fiduciary Advice, Qualified Retirement PlanJeff MamorskyMay 24, 2023

Cohen & Buckmann Expands; Adds Mamorsky and Moore to ERISA Team

Cohen & Buckmann’s ERISA and tax qualified plan offerings are expanded with the addition of prominent duo from Greenberg Traurig, Jeff Mamorsky and Terry Moore.

Firm News, Fiduciary Advice, Qualified Retirement PlanSandra CohenApril 29, 2023

Plan Committee Turnover Creates Risks

Plan committee turnover increases the likelihood of inadvertent errors. Inexperienced committee members may not make the best decisions. What can plan sponsors do?

Fiduciary AdviceSandra CohenFebruary 20, 2023plancommittee, greatresignation, plangoverance, fiduciaryeducation

Carol Buckmann Contributes to Bloomberg Article on SECURE 2.0 and Plan Leakage

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.

Fiduciary Advice, SECURE 2.0Sandra CohenFebruary 5, 2023SECURE2.0, Lost&Found, lostandfound, missingparticipants

What to Keep on Your Radar and Some Predictions for 2023

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.