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Plan Fee Litigation: Protecting Fiduciaries

Targeting Educational Institutions - Since August, 2016, sixteen institutions of higher education with large retirement plans have become targets of federal lawsuits for breach of fiduciary duty under ERISA. To date, the...more

Can Financial Institutions Use In-House Funds for Their Own Retirement Plans?

Financial institutions that sell mutual funds to the public often maintain 401(k) and other retirement plans for their own employees. In these plans, many financial institutions make their own mutual funds available to...more

Securing Protected Health Information: FBI Warning

HIPAA and the HITECH are federal laws that require the protection and security of confidential, protected health information (PHI) and personally identifiable information that is not necessarily health related. The federal...more

DOL’s Fiduciary Rule: On the Road to More Change?

The latest chapter in the 6-1/2 year history of the Department of Labor (DOL) final Fiduciary Rule is a 60-day delay of part of the final regulations, and a delay until January 1, 2018 for certain disclosures and other...more

Fiduciary Regulations: New Proposed Effective Date in June

On February 3, 2017 President Trump issued a memorandum directing the Secretary of the DOL to determine whether new fiduciary regulations impair the public’s access to retirement information and financial advice. Please...more

No Change By Trump: Fiduciary Regulations Still Effective in April

On February 3, 2017 President Trump issued a memorandum directing the Secretary of the DOL to determine whether new fiduciary regulations impair the public’s access to retirement information and financial advice. Please...more

Health Reimbursement Accounts for Small Employers

A new law allows small employers to provide a stand-alone employer-paid health reimbursement account plan to employees without incurring a tax penalty. This plan would help employees pay for insurance offered on an exchange...more

Trump and the Debate Over the Fiduciary Rules Affecting Retirement Savings

CAMPAIGN PROMISES AND THE FIDUCIARY FIGHT - President Elect Trump’s campaign website states that he intends to issue a moratorium on new regulations that are “not compelled by Congress or public safety.” His stated goal...more

Auto Dealers Lead the Way for Ignoring Certain Federal Regulations

Not all federal regulations reflect a rule of law. In fact, some are not even given deference by the courts as a legitimate interpretation of the law. The U.S. Supreme Court recently concluded that certain federal regulations...more

The Top 7 Concerns for Employee Benefits Administrators

For years, employers have been getting a free pass from the courts for a number of different violations of the Employee Retirement Income Security Act of 1974 ("ERISA") relating to the operation of retirement, medical,...more

ERISA Fiduciary Duties for Plan Investments

Many employers offer 401(k) and other retirement plans for their employees as part of the cost of doing business. Too often, retirement plans are established and operated without much thought given to the numerous legal...more

Employee Benefits Checklist

Employers that offer an array of benefits to their employees have done so often to keep their compensation packages competitive in the marketplace. Offering retirement and certain fringe benefit programs can be particularly...more

2013 Employer Checklist for Benefits Planning: Post Windsor and Latest Health Reforms

The following is a short checklist of issues that Massachusetts and other employers need to address as the laws relating to retirement, medical and other employee benefits have changed. The details regarding the application...more

HIPAA Revises Business Associate Agreement Requirements

Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business...more

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