News & Analysis as of

Risk Management Benefit Plan Sponsors

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

They’ll make the mistake and leave you to dry

At work and at home, one of the worst things I ever did was make a mistake and not accept responsibility for it. Instead of owning up, I would make excuses, turning the fight over the mistake into a bigger issue than the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Tales Of The TPAs: The Good, The Bad, And The Ugly

As I have always said, the most important 401(k) plan provider you can hire is a Third-Party Administrator (TPA). That’s because a TPA does so much work, and their incompetence can lead to you getting penalized or forcing you...more

A&O Shearman

Pensions in dispute - March 2025

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Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more

McDermott Will & Emery

Special Report - Examining Group Health Coverage Alternatives for Small Employers

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Small employers seeking to offer robust major medical coverage to employees and their dependents face daunting price and transparency hurdles. Employers with 50 or fewer full-time equivalent employees, so-called “small...more

Jackson Lewis P.C.

Missing Participants – New State Unclaimed Property Fund Option for Small Balances

Jackson Lewis P.C. on

On January 14, 2025, the DOL issued Field Assistance Bulletin (FAB) 2025-01, providing sponsors and administrators of ongoing defined contribution plans with a new option for missing participant balances of $1,000 or less:...more

Jackson Lewis P.C.

Exciting Update: Self-Correction for Delinquent Contributions Now Possible Under the DOL’s VFCP

Jackson Lewis P.C. on

On January 14, 2025, the Employee Benefits Security Administration (EBSA) within the Department of Labor (DOL) updated its Voluntary Fiduciary Compliance Program (VFCP). The VFCP allows plan officials to correct certain...more

Epstein Becker & Green

How ERISA Litigators Strengthen Plan Compliance and Risk Management: One-on-One with Jeb Gerth

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Strategic ERISA (Employee Retirement Income Security Act) plan design and administration require more than just technical compliance—they call for foresight into how plans will hold up under legal scrutiny. In this...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - January 2025

The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more

Holland & Knight LLP

An Emerging Trend in ERISA Class Action Litigation: 401(k) Forfeiture Suits

Holland & Knight LLP on

There has been a recent uptick in ERISA class actions challenging the use of 401(k) plan forfeitures. Forfeitures are employer contributions that participants forfeit when they leave employment before those contributions vest...more

Morgan Lewis - ML Benefits

Dont Forget to Invite the Committee to the Party Fiduciary Committees as Parties to a Vendor Contract

In many situations, practitioners recommend establishing a fiduciary committee to oversee ERISA-covered employee benefit plans. There are several reasons for this, including providing a well-defined process for...more

Littler

Cybersecurity Considerations for Employers Sponsoring ERISA Plans

Littler on

In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as...more

Bricker Graydon LLP

Investment Committee Best Practices - If a Prudent Decision Was Made and No One Documented it, Did it Happen?

Bricker Graydon LLP on

If you are serving as a fiduciary for your employer’s retirement plan, you have a duty under the Employee Retirement Income Security Act (ERISA) to act prudently. Engaging in prudent behavior is only the first step a plan...more

Good2bSocial

Podcast Episode 189: Adding Context to Compliance and Color To Your Legal Practice

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In this episode of the Legal Marketing 2.0 Podcast, Guy is joined by Patrick Hayes. Patrick Hayes is a partner and chair of the Investment Management practice at Calfee, Halter & Griswold LLP where he supports investment...more

Dorsey & Whitney LLP

DOL Warns 401(k) Plan Fiduciaries about Cryptocurrency Investments

Dorsey & Whitney LLP on

Investments in Cryptocurrencies such as Bitcoin and Ethereum are becoming more and more mainstream. Driven by outrageous returns, and presenting outrageous volatility and risk, both traditional institutional and individual...more

Woods Rogers

2021 Year-End Compliance Issues and Amendments for Retirement Plans

Woods Rogers on

As the end of 2021 approaches, despite the current focus on proposed legislative infrastructure, spending, and tax packages, retirement plan sponsors should take time before year-end to review deadlines for required 2021 plan...more

Holland & Hart - The Benefits Dial

Stronger . . . Services Agreements for Benefit Plans

With the exception of certain small businesses, being an employer generally means offering an array of benefits to remain competitive in the worker marketplace. As the employer grows, typically so does the list of employee...more

King & Spalding

The Department of Labor Issues its First Cybersecurity Guidance for Plan Sponsors, Fiduciaries and Service Providers

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It’s been, as the song goes, a long, long time coming. In April, the Department of Labor issued its first ever formal cybersecurity guidance for retirement plan sponsors and retirement plan fiduciaries, and for the service...more

Fisher Phillips

DOL Cybersecurity Guidance: Managing Risks to Employer-Sponsored Retirement Plans

Fisher Phillips on

The Government Accountability Office recently urged the U.S. Department of Labor to release guidance on cybersecurity matters in an effort to mitigate risks to 401(k) and other retirement plans. The GAO noted that there were...more

Laner Muchin, Ltd.

DOL Issues Cybersecurity Guidance for Plan Fiduciaries

Laner Muchin, Ltd. on

In April, the U.S. Department of Labor (DOL), for the first time, issued cybersecurity guidance that was focused on retirement plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) but could be...more

Davis Wright Tremaine LLP

Department of Labor Announces Cybersecurity Guidance for ERISA Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) recently announced its first cybersecurity guidance for retirement plans subject to the Employee Retirement Income Security Act of...more

Tucker Arensberg, P.C.

Cybersecurity Guidance For Fiduciaries

Tucker Arensberg, P.C. on

As of 2018, the DOL estimates that there are 34 million defined benefit (DB) plan participants in private pension plans and 106 million defined contribution (DC) plan participants with combined assets of $9.3 trillion....more

Dorsey & Whitney LLP

Is Data the Next Frontier in ERISA Litigation?

Dorsey & Whitney LLP on

Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more

BCLP

Fiduciary Responsibilities under ERISA in an Uncertain Market

BCLP on

If you are an ERISA fiduciary charged with management or investment of plan assets, and recent market activity has not tripped any alarm bells — or, if the alarm bells have been tripped, but you are are looking for a bit of...more

Dorsey & Whitney LLP

Don’t Get Bitten by Your COBRA Notices

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In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Holland & Hart - The Benefits Dial

It’s HIP(AA) to be square… making sure you are HIPAA compliant

The Health Insurance Portability and Accountability Act (“HIPAA”) was created for one specific reason – evolution of technology. Today, health care providers are using online clinical applications and electronic health...more

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