Lawsuits brought on behalf of anti-ESG activists have been dismissed, demonstrating that politically-motivated lawsuits may face obstacles.
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We share expert insights on executive compensation, retirement plans, fiduciary duties, and more.
Stay updated on the latest legal trends and practical advice for employers and executives.
The Supreme Court’s recent decision ending deference to administrative agency interpretations of the law doesn’t mention ERISA, but it will have a big impact on employee benefit plans.
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The end of Chevron deference will make it difficult to tell which regulations are binding.
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Prepare for even more uncertainty about the status of ERISA regulations.
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We are proud to have been a part of Worldwide Employee Benefits Network (WEB) celebration on the monumental 50th anniversary of ERISA! From its enactment in 1974 to the recent key provisions of SECURE 2.0 signed into law in 2022, employee benefits law has been on a transformative journey.
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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.
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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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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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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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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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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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The Department of Labor found many violations in retirement plan audits last year, likely because plan sponsors were not regularly self-auditing plan operations.
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In 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.
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Investment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.
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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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