In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan...more
In making plans for 2024, employers should consider their approach to one of the most challenging new rules of the SECURE 2.0 Act for most types of defined contributions plans, such as 401(k) plans....more
For the fourth year in a row, excessive fee lawsuits are the hottest trend in ERISA fiduciary litigation. The number of excessive fee suits filed against 401(k) plan fiduciaries skyrocketed in 2020 and has remained unusually...more
The Employee Retirement Income Security Act of 1974 (ERISA) is a body of federal laws and regulations that govern the provision and operation of certain employer-sponsored benefit plans. While its structure and requirements...more
The SECURE 2.0 Act (the “Act”) was passed by Congress on Dec. 23 and signed into law by President Biden on Dec. 29, 2022. The Act is a sweeping piece of legislation that builds upon the 2019 SECURE Act (“Setting Every...more