Use of 401(k) Plan Forfeitures Continues to be Scrutinized in Litigation

A series of lawsuits have challenged how plan sponsors have used plan forfeitures to reduce employer contributions. In this interview, Carol Buckmann discusses the issues

Who Owns Plan Forfeitures? New Cases Challenge IRS Guidance

401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.

Who’s a Fiduciary? First Challenge of the DOL Investment Advice Fiduciary Final Rule

Investment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.

In the News - Law360 Quotes Gretchen Harders on Supreme Court Abortion Drug Case

Fiduciary Advice, Firm NewsSandra CohenApril 2, 2024

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.

Texas Court Won’t Dismiss ESG Challenge-What Does This Mean for 401(k) Plans?

Carol Buckmann was quoted in this Bloomberg Law article analyzing the Texas federal district court decision in Spence v. American Airlines, Inc. and American Airlines Employee Benefits Committee refusing to dismiss the case. She discussed defects in the case that would most likely have resulted in dismissal of this politically-motivated lawsuit in another court.

Fiduciary Advice, Qualified Retirement PlanSandra CohenFebruary 26, 2024ESG, Americanairlines

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

Webinar: Retirement Plan Options for Small Businesses

The webinar will discuss state retirement savings plan mandates, employer-sponsored plan options that can provide larger benefits than state programs, and tax incentives available to small businesses adopting new plans.

Individual Retirement Account, Fiduciary AdviceSandra CohenJanuary 12, 2024

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.

Fiduciary Liability Insurance - Why You Need It and What It Covers -On Demand Webinar

Hear guest speaker Dan Aronowitz of Euclid Fiduciary and host Carol Buckmann discuss why fiduciary liability insurance is different from other insurance your organization may maintain and what it covers. Watch the video on demand.

Fiduciary AdviceSandra CohenSeptember 19, 2023

Private Equity Compliance With ERISA: Fiduciary Duties in Managing ERISA Plan Assets

Carol Buckmann covers the impact on private equity firms of court rulings discussing specific joint and several liabilities under ERISA plans.

Fiduciary Advice, Equity PlansSandra CohenSeptember 18, 2023

NYC Pension Funds Seek Dismissal of ESG Lawsuit

Should courts second guess public pension plan investment decisions? This motion to dismiss points out that participants’ benefits are affected by specific investments.

Fiduciary AdviceJeff MamorskyAugust 28, 2023esg, investment, litigation

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