401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.
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Investment Advisers who advise IRAs and pensions have increased risk of being a “fiduciary” under this final rule.
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Plan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.
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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?.
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Here are some developments that could change things for the better in 2024.
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The fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.
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Should courts second guess public pension plan investment decisions? This motion to dismiss points out that participants’ benefits are affected by specific investments.
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Most ERISA lawsuits don’t get to trial, but a recent decision in a 401(k) fiduciary breach lawsuit shows that fiduciaries who follow prudent processes can win.
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We invite you to join us on 9/7 for answers to your questions about fiduciary liability insurance.
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Universities have been targeted in excessive fee lawsuits. Many have resulted in costly setlements, but good practices can help.
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No federal law guarantees restoration of a participant’s account if it is stolen by a cyberthief. ERISA and state law might provide remedies if a participant can establish breach of fiduciary duty or negligence, but plan sponsors and the government can do more to deal with this problem.
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Two recently introduced bills would restrict or discourage classes of retirement plan investments. Is this the right policy?
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A lawsuit challenging the divestment of fossil fuel investments by three New York City pension plans puts a spotlight on the need to follow good fiduciary processes.
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