Happy 50th Birthday, ERISA!. When ERISA was enactedin 1974, it provided new federal protections for plan participants. These protections have increased over the years, and spouses have gained greater rights. There have also been changes not foreseen by ERISA’s drafters such as the decline of single employer defined benefit plans. Though much progress has been made, this is also an appropriate time to consider where ERISA has fallen short.
Read MoreA series of lawsuits have challenged how plan sponsors have used plan forfeitures to reduce employer contributions. In this interview, Carol Buckmann discusses the issues
Read MoreEquity 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.
Read MoreJoin 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.
Read MoreCritics 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.
Read More401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.
Read MoreThe Department of Labor found many violations in retirement plan audits last year, likely because plan sponsors were not regularly self-auditing plan operations.
Read MoreIn her May 9, 2024 article in The Hedge Fund Journal, partner Gretchen Harders highlights key legal areas where significant legal challenges on bonus claw-backs are expected in the coming years.
Read MoreInvestment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.
Read MoreIA 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.
Read MoreCongratulations 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.
Read MoreThe FTC finalized its rule banning most non-compete contracts nationwide. This is expected to draw immediate litigation.
Read MoreWhat 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!
Read MorePlan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.
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