In the News-Carol Buckmann Quoted on Need for Cybersecurity Liability Standards

Carol tells Bloomberg Law why we need more guidance on liability when participant benefits are stolen by internet thieves.

Fiduciary Advice, Qualified Retirement PlanSandra CohenAugust 19, 2022cybersecurity, 401k, pensions

Good News for Plan Sponsors! IRS Extends SECURE, CARES Act Amendments Deadline.

The IRS has extended the deadline for finalizing qualified plan amendments, although plan sponsors might want to amend their plans sooner rather than later. Attorney Ben Josselsohn explains why.

Qualified Retirement Plan, SECURE ActBen JosselsohnAugust 5, 2022

Profits Interests 101: Part II – Seven Key Questions Executives Should Ask About Profits Interests

Part II of our introduction to profits interests (carried interests): How to scrutinize profits interests as part of an employment offer?

Compensation/Employment, Equity PlansZahava BlumenthalJuly 29, 2022

Profits Interests 101: Part I – A Crash Course in Profits Interests

Part I of a two part series introduces profits interests - a compensation structure that comes with special tax advantages, but also pitfalls.

Compensation/Employment, Equity PlansZahava BlumenthalJuly 27, 2022

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.

A Kinder, Gentler IRS Employee Plans Office? Introducing the New Pre-Audit Compliance Pilot Program

Plan sponsors may receive a letter inviting them to participate in a pre-audit compliance pilot program.

Qualified Retirement PlanBen JosselsohnJune 14, 2022

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?

When are RSUs Deferred Compensation?

For RSUs: To Comply or Not to Comply (with Section 409A). That is the question.

Deferred Compensation, Compensation/Employment, Equity PlansSandra CohenJune 8, 2022

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.

The State of State-Run Retirement Programs

Individual states are stepping up to provide a vehicle for those not covered by employer-sponsored retirement plans to save for retirement. However, employers who would be covered by these programs may not be aware of alternative options that can accept higher contributions. This article discusses the issues.

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.

Settling Employment Disputes: Tax Aspects

Settlements of employment disputes are usually taxable, but this does not need to be a surprise. With some advance planning and proper allocation, the parties can save on taxes, or at least avoid tax surprises, Sandra Cohen explains in her article published by LexisNexis Practical Guidance and Law360: Tax Authority.

Compensation/EmploymentSandra CohenApril 12, 2022