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Why an Employer Should Sponsor A 401(k) Plan

As an employer, a big reason for setting up a retirement plan is because it’s an employee benefit and it can be used to recruit and retain top-level employees. Unlike health insurance, the costs of running a retirement plan...more

It’s Time For 401(k) Plan Sponsors To Get A Grip

As an ERISA attorney with a national retirement plan practice, I often feel like a flight attendant giving the safety discussion on a commercial airplane. When I talk about retirement plans and fiduciary liability, I think...more

Alright, so I need a lawyer. Who should I hire?

You've realized that braving a government investigation without a lawyer is a bad idea.  So, you need to find a lawyer and you need to find one fast.  But how?  Chances are, you've never hired a lawyer before and it's tough...more

How a 401(k) Plan Sponsor Minimize Their Liability In 8 Easy Steps

Sponsoring and operating a 401(k) plan isn’t easy. A plan sponsor can’t just set up the plan and forget it. They need to constantly be on the watch because of the liability exposure they have as a plan sponsor. When plan...more

PR, Integrity and Standing Up for the Rule of Law

If 97 companies, most of them Valley leaders, can join a 9th Circuit brief and 160 companies can jointly speak publicly against a clearly discriminatory ban, why can’t their lawyers? ...more

Concepts That Retirement Plan Advisors Shouldn’t Focus On

Being a financial advisor isn’t as easy as many people on the outside think. There are so many things you need to manage in terms of your practice and dealing with potential and current plan sponsor clients. There are so many...more

Concepts You May Not Be Aware Of As A 401(k) Plan Sponsor

As a child, I was never taught the birds and the bees. I was actually handed some cartoon book from my parents when I was young. My parents thought it was hilarious that they had to hand me a book about where I came from even...more

How Keeping Good Records Can Minimize A Retirement Plan Sponsor’s Liability

Besides being a religious text, the Bible is essentially a history book detailing major religious events like the Exodus from Egypt. A history book is a record of events that can be passed down from generation to generation....more

As A 401(k) Sponsor, A Class Action Lawsuit Is The Least Of Your Legal Worries

Having been in my own practice for over 6 years, it’s a broken record hearing from 401(k) plan sponsors on how they have nothing to fear about being sued since their plans are small potatoes. The problem with that view is...more

Announcing Must-Have Treatise on Business Divorce Litigation

There’s little doubt in my mind that “business divorce” has achieved name recognition as a distinct subgenre of commercial litigation whose regular practitioners, by dint of experience dealing in and out of court with the...more

How An RIA Can Profit Off Of The New Fiduciary Rule

When it comes to an industry, change is often fraught with trepidation and fear. However, I always believe that change also brings opportunity. So while people are predicting gloom and doom when discussing the Department of...more

Popular Reads on JD Supra

Recap of top reads on JD Supra published in the last month of 2016....more

The Potential Liability of Participant Directed 401(k) Plans

As children, we were told the story of Jack and The Beanstalk. Jack sells a cow for some “magic beans” and his mother is so angry, she throws the beans on the ground and a magic beanstalk grows overnight. When it comes to...more

A Plan Sponsor Should Never Assume Their Providers Are Doing A Great Job

My wife and I have been in our house for over 11 years and it’s been one remodeling project after another. This is what happens when the previous owner did nothing for 20 years. We hired a general contractor to redo our...more

The JD Supra 50 - Top Legal Topics in 2016

JD Supra's annual list of 50 top legal topics for the year....more

How A Plan Sponsor Can Increase 401(k) Participation Without Costing Much $$$

My former Synagogue wanted Hebrew school parents to attend Synagogue events, so they created a participation fee where parents would have to pay $180 that they could use to attend events. Before I was involved as a Trustee...more

Diversifying the Boardroom: Mary Quazzo Discusses the Chief Legal Officer’s Role

Mary Quazzo is a governance guru. She is the vice president, principal counsel, and secretary for Bechtel Group, Inc., and has served in-house at Bechtel for the past 27 years. Bechtel is not only one of the largest and most...more

Bare-Knuckle Innovation Offers Unexpected Benefits: In-House Perspective

Find those areas of your business where the status quo or established practice isn’t good enough and get started innovating. ...more

Why A Plan Sponsor Should Get A Plan Review

Retirement plan sponsors tend to be reactive rather than pro-active. They would rather not spend money to undergo a plan review and assume everything is fine until they run into a big compliance issue or mistakes are...more

A “Crystal Ball” On Life After The New ERISA Fiduciary Rule

The Department of Labor’s (DOL) new fiduciary rule that is going to go in effect in April 2017 is going to have a profound change in how financial advisors work with their retirement plan clients. It’s unchartered waters,...more

An Ounce of Prevention - Strategic Outside General Counsel Solutions

All businesses (big and small) face legal issues every day ranging from the urgent (a lawsuit was just filed against the company), to the routine (a customer marked-up our form contract), to the mundane (where do we put our...more

Business and Human Rights - Recent IBA Guidance for Lawyers

Lawyers must have the intersection of business and human rights at the front of their minds, and in-house counsel are no exception. Human rights risks transcend borders and industries, and may lead to bet-the-company...more

Glaring Problems A Plan Sponsor May Not Be Aware Of When They Think Everything is OK

I knew a family member who would never go to the doctor for preventative care. She always reasoned that if she went to a doctor, that meant she was sick. That meant that her goal was avoiding the doctor at all costs. It’s...more

Playing the Board Game: Tips for Networking Onto a Corporate Board

Legal experience alone is unfortunately not high on the list of skill sets companies are looking for to fill an open board seat. But lawyers tend to have a knack for one of the key skills necessary to join a corporate board:...more

The Art of Succession Planning – Thoughts on How to Start

“Succession” has been an extremely hot topic this year. For many firms, it seems succession planning is the Holy Grail, but why? Maybe it is hard to know where to start. Maybe it is hard to find the time to fit it in. Maybe...more

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