Allen Steinberg

This IRS has issued Notice 2023-43 as regulators begin the job of issuing the guidance needed to implement the provisions of SECURE 2.0. This Notice makes it easier for plan sponsors to correct administrative errors–without the need for IRS filings or penalties. Mistakes Happen–So What to Do? Since 1991 the IRS has had a program […] Read more

The U.S. Department of Labor has issued new final regulations, revising regulations adopted in 2020, that attempt (once again) to clarify how plan fiduciaries can consider the use of environmental, social and governance factors (“ESG”) in making plan investment decisions. The final regulations also contain guidance on fiduciary considerations in proxy voting. Why the Fuss? […] Read more

The ERISA world focused much energy and attention on the U.S. Supreme Court’s decision in Hughes v. Northwestern University, in which the Court reinstated a fiduciary suit against Northwestern University. In the aftermath of the Court’s decision, many analysts concluded that the decision would make life even more difficult for plan fiduciaries seeking to fend […] Read more

Fiduciaries responsible to exercise prudence in all decisions—not just some. Read more

TIAA’s business interests conflicted with those of the employer-sponsored plans record kept by TIAA–and TIAA chose to serve its own interests over those of its clients. Read more

Recent guidance from the DOL illustrates the outgoing administration’s desire to leave its mark. Read more

A recent paper, The Market for Financial Adviser Misconduct (Journal of Political Economy, Publication Forthcoming), raises some important – and troubling – issues about how the financial industry treats advisers who engage in serious misconduct. The paper shows a number of different ways that adviser misconduct is concentrated – among repeat offenders, certain financial firms […] Read more

In an age when technology disrupts one industry after another, it may be helpful to spend some time thinking about technology and healthcare. Specifically, let’s focus on telemedicine – including telehealth (using electronic communication media to provide clinical services) and remote patient monitoring (using technology to monitor patients with certain chronic conditions). Telemedicine holds great […] Read more

My recent post (“Your Money … and Your Life”) described some of the decisions facing individuals in making health insurance and health care purchasing decisions. The choices described in that blog post were, generally, decisions that individuals make once per year – such as what type of health insurance coverage to buy (e.g., HMO, PPO, […] Read more