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Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.

Get Over The Fear Of Hiring An ERISA Attorney

by Ary Rosenbaum on

As an attorney, I’ve heard a lot of lawyer jokes and some of them are amusing. I once said at law school that I now know why lawyers have terrible reputations because I met some of these lawyers at law school. While lawyers...more

How to Get Paid to Learn

Q&A with James Clear, who gets paid to learn. His writing on the hidden forces that shape our habits using them to maximize performance is read by over one million people per month....more

In-House Perspective: Operating in a Complex World Can be Complicated

by JD Supra Perspectives on

The latest in our series of perspectives by in-house attorneys; on operating successfully in a complex world, by Matt Fawcett, senior VP, general counsel, chief compliance counsel, and secretary for NetApp....more

What It Takes To Make A Good Retirement Plan

by Ary Rosenbaum on

Good retirement plans don’t happen like accident, like the discovery of penicillin. It requires roles and duties that need to be filled competently. It doesn’t take a genius to make a good retirement, it takes dedication ad...more

Thinking Outside The Box For Plan Providers

by Ary Rosenbaum on

The retirement plan business is one of the most competitive businesses out there because there is so many competing plan providers out there that are also looking for plan sponsor clients and they will certainly be contacting...more

401(k) Plan Sponsors Need To Get Up And Focus On This

by Ary Rosenbaum on

Too many plan sponsors ignore their retirement plans and by doing that, they are unknowingly putting themselves in harm’s way. I know hat plan sponsors are busy running their own businesses, but the nature of the 401(k) plan...more

Top Cybersecurity Reads Right Now

by JD Supra Perspectives on

Covering China, BYOD risks, NYDFS, Yahoo!, phishing, and more, a recap of top cybersecurity reads on JD Supra this past month....more

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government....more

The Small Stuff That Plan Sponsors Should Sweat Out

by Ary Rosenbaum on

It’s often said that you shouldn’t sweat the small stuff. The problem is that many times, a retirement plan sponsor ignores the small stuff, and that small stuff leads to bigger problems. This article is about small details...more

Starting an In-House Revenue Recovery Program – First Steps

by Kelley Drye & Warren LLP on

In the old adage of journalism, the important questions to answer with any story are “who, what, when, where, how and why.” My last two posts explaining revenue recovery programs explained the “why” — why they can be...more

“We need a sidewalk” – strategy is the ultimate reminder of why we do what we do

by JD Supra Perspectives on

Strategy answers the question “what problem(s) are we trying to solve?” and stops cold the territorial nitpicking that can lead an organization from focus to folly. ...more

Warning Signs that Your Retirement Plan Might Be In Trouble

by Ary Rosenbaum on

When it comes to your health, there are warning signs when you’re about to suffer a heart attack or a stroke. If you pay attention to these warnings signs, you might avoid a serious medical emergency. While a retirement plan...more

401(k) Plan Sponsors: Don’t Make These Mistakes

by Ary Rosenbaum on

Larry David is one of my favorite people because he created two of the greatest shows in television history: “Seinfeld” and “Curb Your Enthusiasm.” The shows are similar in that they depict bad ideas or bad behaviors. Curb...more

How You Can Stand Out From The Crowd As A Retirement Plan Advisor

by Ary Rosenbaum on

There are lots of financial advisors who claim they handle retirement plans, but there are only a fraction of those advisors who know how to actually handle them. So if you are a retirement plan financial advisor who knows...more

Popular Reads on JD Supra

by JD Supra Perspectives on

A recap of need-to-know popular reads published on JD Supra during the last month. ...more

The Growing Importance of Data Analytics for Corporate Legal Departments

This month, the Coalition of Technology Resources for Lawyers (“CTRL”) released the results of its survey regarding the use of analytics by corporate legal departments. Data analytics is the use of specialized data systems or...more

Why an Employer Should Sponsor A 401(k) Plan

by Ary Rosenbaum on

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

by Ary Rosenbaum on

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?

by Ward and Smith, P.A. on

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

by Ary Rosenbaum on

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

by JD Supra Perspectives on

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

by Ary Rosenbaum 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

by Ary Rosenbaum on

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

by Ary Rosenbaum on

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

by Ary Rosenbaum on

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

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