News & Analysis as of

Employee Retirement Income Security Act (ERISA)

Haynes Boone

Upcoming Distribution Deadline for Summary of Material Modifications for Calendar Year Plans

Haynes Boone on

As a reminder, plan administrators of calendar year ERISA plans must distribute a Summary of Material Modifications (“SMM”) to participants and beneficiaries by July 29 of this year if the plan had a material modification or...more

Troutman Pepper Locke

The USPS Postmark Rule: What HR and Benefits Teams Need to Know

Troutman Pepper Locke on

We have all been there. Whether it involves a birthday or a business meeting, everyone knows the feeling of scrambling to remember an important date. In the world of benefit plan notices, dates matter too. The small date...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Proposes ERISA Safe Harbor for Selection of 401(k) Investment Options

The U.S. Department of Labor (DOL) recently issued proposed regulations establishing a new prudence safe harbor for fiduciaries selecting designated investment alternatives for participant-directed retirement plans. The...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why Retirement Plan Mistakes Are More Common Than Plan Sponsors Think

Many plan sponsors assume that once a retirement plan is established and service providers are hired, the plan will simply run itself. Unfortunately, that assumption is one of the reasons operational mistakes in retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Fiduciary Duty Plan Sponsors Can’t Delegate

Many plan sponsors believe that once they hire a recordkeeper, TPA, or investment advisor, their fiduciary responsibilities are largely taken care of. While service providers certainly help manage the plan, there is one...more

Troutman Pepper Locke

Alternative Assets in 401(k) Plans — A Proposed DOL Safe Harbor

Troutman Pepper Locke on

The DOL has proposed regulations intended to clarify and expand prior regulations addressing ERISA’s fiduciary duty of prudence for the selection of directed investment alternatives (DIAs) in participant-directed defined...more

Troutman Pepper Locke

Artificial Intelligence Firms Continue To Be Targeted for Independent Contractor Misclassification Claims: May 2026 IC Legal News...

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In 2025, we published blog posts about two class action lawsuits by workers alleging independent contractor (IC) misclassification by two artificial intelligence (AI) companies. The first blog post involved an IC...more

Groom Law Group, Chartered

DOL Offers Enforcement Relief for Paper Statements, But Good Faith Compliance Still Required

On May 12, 2026, the Department of Labor issued Field Assistance Bulletin 2026-02 (“FAB”), announcing a temporary “non”-enforcement policy for the new paper statement requirement under SECURE 2.0, and the Department’s Notice...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When a Retirement Plan Audit Finds a Problem

For plan sponsors subject to annual retirement plan audits, the audit process can feel intimidating. Many sponsors worry that an audit will uncover problems that reflect poorly on their organization or create regulatory...more

Husch Blackwell LLP

Voluntary Separation Programs: Strategic Workforce Restructuring in the Age of AI

Husch Blackwell LLP on

As artificial intelligence (AI) continues to reshape business operations, many employers are reassessing workforce needs and organizational structure. For many organizations, workforce reductions or redeployments may be...more

Blank Rome LLP

The Department of Labor’s Proposed Safe Harbor for Alternative Investments in 401(k) Plans

Blank Rome LLP on

The U.S. Department of Labor (“DOL”) proposed a landmark regulation on March 30, 2026, that could fundamentally reshape the investment landscape for America's 401(k) plans. The proposed rule, titled “Fiduciary Duties in...more

Morgan Lewis

US Department of Labor ERISA Enforcement Spring 2026 Updates

Morgan Lewis on

This LawFlash discusses recent developments on the US Department of Labor’s activities regarding ERISA violations, including the department’s stated intent to depart from “regulation by enforcement” and updates to its...more

Bricker Graydon Wyatt LLP

Alternative Assets in 401(k) Plans: An ERISA Centered Perspective

The conversation around alternative assets in 401(k) plans is gaining momentum, driven by regulatory developments, product innovation, and a growing willingness among plan sponsors to consider broader investment options. To...more

K&L Gates LLP

Perspectives In ESG And Sustainable Investment: ESG and the Sustainable Economy Handbook

K&L Gates LLP on

In this handbook, the term “institutional investor” covers a number of different entities that invest funds, typically in order to support a particular purpose. Institutional investors include pension funds (U.S. public...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Headline Is Dramatic. The Reality Is Familiar

Let’s not overcomplicate it. A federal court wiped out the 2024 Retirement Security Rule, and the Department of Labor responded the only way it really could—by reverting to the old five-part fiduciary test. That’s not reform....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2026

Saul Ewing LLP on

This month’s Friday Five explores the linear relationship between the information that must be exchanged between a claimant and a claims administrator and a court’s subsequent determination of a dispute between the two. The...more

Nelson Mullins Riley & Scarborough LLP

Outdated Assumptions, New Exposure: What Southern Company Means for Defined Benefit Plans

Following a wave of high‑profile settlements involving large defined benefit pension plans, including Raytheon (which settled for around $59 million) and CITGO (which settled for around $10 million), and as they await...more

McDermott Will & Schulte

Healthcare Regulatory Check-Up Newsletter | April 2026 Recap

This issue of McDermott Will & Schulte’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2026, including recent enforcement actions involving the False Claims Act (FCA), two favorable Office of...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - June 4, 2026

Clarity Act Reported to the Senate and Placed on the Legislative Calendar - On June 1, H.R. 3633, the Digital Asset Market Clarity Act, was reported to the Senate by Sen. Tim Scott of South Carolina and placed on the Senate...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Stop Selling What Plan Sponsors Don’t Need

My wife loves Le Creuset, which means, by extension, so do I. I’ve been to enough factory-to-table sales across the country to know one thing: for every cooking need, they’ll happily sell you three different versions of the...more

Husch Blackwell LLP

Required Retirement Plan Amendments & Pre-Approved Plan Restatements: Action Required by December 31

Husch Blackwell LLP on

Two critical deadlines are converging. Calendar year plans must adopt amendments reflecting the SECURE Act, CARES Act, and SECURE 2.0 by December 31, 2026 (with later deadlines for collectively bargained and governmental...more

Troutman Pepper Locke

Supreme Court Expands Flexibility for Multiemployer Plans in Setting Withdrawal Liability Assumptions

Troutman Pepper Locke on

“Prediction is easy — being right is hard.” The Supreme Court’s May 21, 2026, decision in the multiemployer withdrawal liability space affirmed this principle. In M & K Employee Solutions, LLC v. Trustees of the IAM National...more

Mayer Brown

Mayer Brown Submits Comment Letter on DOL Proposed Investment Selection Rule on Behalf of Coalition of Investment Managers and...

Mayer Brown on

Mayer Brown partners, Erin Cho and Rick Nowak, submitted a comment letter on behalf of the Coalition for Modern Retirement Solutions (“CMRS”) to the US Department of Labor’s Employee Benefits Security Administration ("EBSA")...more

Haynes Boone

U.S. Supreme Court Sides with Pension Fund on Timing of Actuarial Assumptions Used for Withdrawal Liability Calculations

Haynes Boone on

The United States Supreme Court recently ruled unanimously that the actuary for a multiemployer pension plan (“MPP”) may select actuarial assumptions used to calculate withdrawal liability after the measurement date, provided...more

Stinson LLP

Unlocking Alternative Assets for 401(k) Plans

Stinson LLP on

The DOL's Proposed Safe Harbor and What It Means for Asset Managers, Advisers, and Plan Sponsors - On March 30, 2026, the U.S. Department of Labor (DOL) released a proposed rule titled "Fiduciary Duties in Selecting...more

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