INSIGHTS


 
RISK ALERT: DOE Shares Results of Marketing Rule Exams.

IA Advertising: SEC’s DOE wants advisers to see the forest AND the trees – review those ads at least twice and from more than one angle.  Recent exams results warn advisers not to use advertisements that are (i) materially misleading, (ii) not fair and balanced and/or (iii) including facts that can’t be substantiated.  

Read More
Carol Buckmann Appointed to Law360 Editorial Advisory Board

Congratulations to Carol Buckmann, Co-Founder of Cohen & Buckmann, on her appointment to the 2024 Law360 Benefits Editorial Advisory Board. With her extensive experience in ERISA law and dedication to sharing industry insights, Carol will undoubtedly enrich Law360's coverage of employee benefits.

Read More
Firm NewsSandra Cohen
Time for a Tune-Up? Several New Reasons Employers Should Self-Audit Retirement Plans

What does a retirement plan self-audit have in common with routine auto maintenance? You really should not put it off until later! There is a big financial benefit to employers who find and fix their plan problems before the IRS and DOL do!

Read More
Gretchen Harders
The Do’s and Don’ts for Setting Up Emergency Savings Accounts

SECURE 2.0 allows non-highly compensated employees to contribute to emergency savings accounts. The IRS and the Department of Labor have now issued guidance clarifying the rules.

Read More
Crossing the Delaware River: Are Non-Competes in New York Executive Contracts and Equity Awards Enforceable?* New Laws and Court Decisions Muddy the Waters

When a New York employer tries to enforce a Non-Compete agreement under Delaware law, beware!  The waters on the Delaware river just got rougher!

Read More
Could Have, or Would Have, that is the ERISA Question

Plaintiffs want a retrial to change a jury’s determination that there were no damages from a fiduciary breach involving Yale’s retirement plan. The DOL supports them. Which standard applies?.

Read More
Webinar: Retirement Plan Options for Small Businesses

The webinar will discuss state retirement savings plan mandates, employer-sponsored plan options that can provide larger benefits than state programs, and tax incentives available to small businesses adopting new plans.

Read More
Sandra Cohen
Mandatory Auto-Enrollment is Coming for Some Plans-What to Know

Most new plans will be required to have auto-enrollment and auto-escalation beginning in 2025. The “grab bag” guidance in Notice 2024-02 addresses how this requirement will be applied to mergers and spinoffs, but leaves other basic questions unanswered.

Read More
New Guidance Fills in the Blanks for Roth Employer Contributions

Clarification of the rules for electing Roth employer contributions should spur more plan sponsors and vendors to consider allowing them.

Read More