Navigating the New COBRA Subsidy - Special Notice Required by May 31

Every U.S. employer that sponsors a group health plan must meet two special COBRA subsidy notice requirements. Attorney Emily Meyer explains how to handle the new requirements.

Emily MeyerApril 29, 2021

Can Mandatory Arbitration Rein in ERISA Litigation? Appellate Courts Weigh In

Appellate courts grapple with whether ERISA fiduciary breach claims can be subject to mandatory arbitration.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannApril 11, 2021arbitration, ERISA litigation

Is Participant Data a Plan Asset? Another Court Says No

So far, courts have not found vendor cross selling to be problematic.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannApril 1, 2021plan asset, participant data, prohibited transaction

In the News: 401k Specialist Magazine Interviews Carol Buckmann

Noted ERISA Attorney Carol Buckmann was interviewed by 401k Specialist Magazine on the topic of Fiduciary Outsourcing.

Fiduciary Advice, Qualified Retirement PlanSandra CohenMarch 10, 2021OCIO, investmentmanager, fiduciaryresponsibility

Hitting the Target-Evaluating Target Date Funds Is A Fiduciary Responsibility

Many fiduciaries still need to learn how to review target date funds.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannMarch 3, 2021ERISA, fiduciary responsibility, target date funds

The ABCs of RFPs

Here is how ERISA plan fiduciaries can hire the best providers and position themselves to respond effectively to fiduciary breach claims.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannJanuary 30, 2021rfp, service providers, fiduciaryprocess

How Do You Defend Against Excessive Fee Lawsuits?

Courts don’t review investment decisions and fees with 20/20 hindsight. Fiduciaries need to follow and document a prudent process.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannJanuary 28, 2021fees, Fiduciary, lawsuit, investments

When Can 401(k) Fiduciaries Get Excessive Fee Suits Dismissed? Anatomy of Two Recent Wins

Can fiduciaries get excessive fee suits dismissed? Sometimes, if plaintiffs make conclusory allegations.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannJanuary 18, 2021fiduciary breach, ERISA litigation, excessive fees

Back to the Basics-How Will Your Plan Fare in an Audit or Lawsuit?

Going back to the basics is a great plan fiduciary resolution for 2021.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannDecember 20, 2020ERISA, regulatory compliance, fiduciary responsibility, ERISAlitigation, audit

Establishing a Retirement Plan Committee

Plan committees provide a way for plan sponsors to more effectively fulfill plan fiduciary responsibilities. In this article, Carol Buckmann explains why and describes best practices.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannDecember 16, 2020fiduciary responsibility, plan committee