INSIGHTS


 
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

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Top Five Equity Plan Mistakes Start-Ups and Tech Employees Make

Equity incentives are a major perk in the startup and tech world. They offer employees a chance to share in the company's success, but navigating the complexities of equity incentives can be tricky. Here are five common mistakes startups and their tech employees make.

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Brett Good
Nela Nite at Noon: Critical Considerations when Negotiating Executive Compensation upon Termination of Employment

Join executive compensation lawyer Sandra Cohen, Cohen & Buckmann, P.C., and employment counsel and litigator Kim Michael, of Harris St. Laurent & Wechsler LLP to discuss various executive severance scenarios including what’s negotiable and what’s not; equity compensation termination issues; severance and key questions for Section 409A compliance.

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In Defense of the 401(k) Plan

Critics have called the 401(k) plan a “failed experiment” and maintain that it does not provide retirement security to low and middle income employees. Does the 401(k) plan really deserve a failing grade? Recent developments suggest otherwise.

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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?.

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RISK ALERT: DOE Shares Results of Marketing Rule Exams.

IA Advertising: SEC’s DOE wants advisers to see the forest AND the trees – review those ads at least twice and from more than one angle.  Recent exams results warn advisers not to use advertisements that are (i) materially misleading, (ii) not fair and balanced and/or (iii) including facts that can’t be substantiated.  

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Carol Buckmann Appointed to Law360 Editorial Advisory Board

Congratulations to Carol Buckmann, Co-Founder of Cohen & Buckmann, on her appointment to the 2024 Law360 Benefits Editorial Advisory Board. With her extensive experience in ERISA law and dedication to sharing industry insights, Carol will undoubtedly enrich Law360's coverage of employee benefits.

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Firm NewsSandra Cohen
Time for a Tune-Up? Several New Reasons Employers Should Self-Audit Retirement Plans

What does a retirement plan self-audit have in common with routine auto maintenance? You really should not put it off until later! There is a big financial benefit to employers who find and fix their plan problems before the IRS and DOL do!

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Gretchen Harders
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.

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