Blog

1 February 2022

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

Supreme Court Weighs in (Marginally) in Fiduciary Litigation

Supreme Court Weighs in (Marginally) in Fiduciary Litigation

15 July 2021

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.

TIAA Sanctioned for Misleading Plan Participants

TIAA Sanctioned for Misleading Plan Participants

The SEC and the NYS Attorney General announced findings that TIAA violated federal securities law and state financial fraud law.

25 May 2021

What does it mean for a retirement plan to “protect” data–and are barriers to unauthorized access limited to blocking hacks?

Plan Data: What is “Secure”?

Plan Data: What is “Secure”?

What does it mean for a retirement plan to “protect” data–and are barriers to unauthorized access limited to blocking hacks?

2 March 2021

Plaintiffs’ must use truly comparable benchmarks in claiming imprudent fiduciary decisions.

Fiduciary Litigation Update

Fiduciary Litigation Update

Higher Ed Fiduciary Lawsuits A Scorecard and Some Observations

19 January 2021

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

Outgoing Administration Offers a Few Parting Shots

Outgoing Administration Offers a Few Parting Shots

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

15 July 2020

New DOL guidance would provide advisors with incentives to sell commissionable products.

DOL Completes Trifecta of Questionable Policies

DOL Completes Trifecta of Questionable Policies

3 July 2020

The U.S. Department of Labor has issued new proposed regulations that provide guidance on the process that plan fiduciaries should use in selecting ESG investments. In issuing the proposed regulations the DOL targets ESG funds and creates new requirements–and hurdles-to the use of such funds.

DOL Delivers Lump of Coal to ESG Funds

DOL Delivers Lump of Coal to ESG Funds

DOL Delivers Lump of Coal to ESG Funds

28 May 2020

On May 15 the Department of Labor finalized new “safe harbor” rules for the use of electronic media to provide documents required under ERISA. These new rules represent a potentially important easing of the efforts needed for plan administrators to meet disclosure obligations under ERISA. However, a more careful review of the rules raises significant questions about whether the new rules will live up to their potential.

New Safe Harbor for Electronic Communication

New Safe Harbor for Electronic Communication

3 January 2020

The SECURE Act, signed by President Trump, contains a potpourri of provisions encouraging plan formation, use of annuities and adoption of safe harbor designs.

SECURE Act Passed–Ensuring Much Activity and Some Change

SECURE Act Passed–Ensuring Much Activity and Some Change

29 October 2019

Employers need to develop strategies for dealing with state/federal tug-of-war over regulatory authority.

The (Individual) States of America vs The United States of America

The (Individual) States of America vs The United States of America