On March 10, 2022, the U.S. Department of Labor (the “DOL”) issued Compliance Assistance Release No. 2022-01 (the “Release”) regarding 401(k) plan participant-directed investments in cryptocurrencies. The Release “cautions...more
Last month, the U.S. Supreme Court heard argument in an ERISA case that could have sweeping ramifications for retirement plan fiduciaries. The case—Hughes v. Northwestern University—tees up a threshold question that has...more
The U.S. Department of Labor (“DOL”) recently announced a proposed rule that would reverse existing regulations promulgated less than a year ago restricting ERISA plan fiduciaries’ ability to “consider climate change and...more
The U.S. Department of Labor will not enforce two of its final rules, published in November and December 2020, restricting ERISA retirement plans’ consideration of environmental, social, and governance (“ESG”) factors in the...more
On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, the most important retirement legislation since the Pension Protection Act of 2006. One of the most...more
1/28/2020
/ 401k ,
Annuities ,
Benefit Plan Sponsors ,
Defined Contribution Plans ,
Duty of Loyalty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Retirement Plan ,
Safe Harbors ,
SECURE Act
The First Circuit Shifts The Burden To The Mutual Fund Company and Evens The Circuit Split -
Although philosophers view burden shifting as a logical fallacy, courts have long been willing, under certain circumstances, to...more
IRS Issues New 162(m) Guidance -
August 21, 2018, the Internal Revenue Service (the “IRS”) issued Notice 2018-68 (the “Notice”) which provides initial guidance and clarification on amendments made to Section 162(m) of the...more
9/4/2018
/ Binding Contractual Rules ,
Covered Employees ,
Filing Deadlines ,
Health and Welfare Plans ,
IRS ,
Modification ,
Mutual Funds ,
Retirement Plan ,
Section 162(m) ,
Tax Cuts and Jobs Act ,
Tax Reform
Mutual Fund Challenges Must Allege Poor Performance Against Meaningful Benchmarks to Avoid Dismissal -
In Meiners v. Wells Fargo & Company, the U.S. Court of Appeals for the Eighth Circuit clarified the burden plaintiffs...more