News & Analysis as of

Employee Retirement Income Security Act (ERISA) Risk Management

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bitcoin Over $120K? That Doesn’t Mean It Belongs in Your 401(k)

Bitcoin has blown past $120,000 and, predictably, the buzz is back. Advisors are getting questions. Participants are curious. And yes, some plan sponsors are starting to wonder if it’s time to add crypto to their 401(k)...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures and Fiduciary Risk: What Plan Sponsors Need to Know Now

Forfeitures have long been a sleepy corner of 401(k) plan administration, but recent class-action lawsuits are waking everyone up....more

Benesch

Dental/DSO Intelligence Monthly Report: July 2025

Benesch on

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those...more

Jackson Lewis P.C.

Harnessing AI Under ERISA: A Compliance and Oversight Guide for Retirement and Health Plan Fiduciaries

Jackson Lewis P.C. on

It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Most Absurd Things About 401(k) Plans That Sponsors Have No Idea About

Fifteen years into my solo practice, you’d think I’d be desensitized to the absurdities of the 401(k) world. But no. Every time I think I’ve seen it all, a plan sponsor, or more accurately, the people advising them, reminds...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA Attorneys have to provide real value for you

Fifteen years into running my own practice, I can say without hesitation—it was the right decision. Going out on my own as an ERISA attorney allowed me to focus on what truly matters: delivering value to clients, not...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The 3 Cs: Why 401(k) Plan Sponsors Can’t Afford to Be Cheap, Controlling, and Clueless

After close to 30 years in this business—wearing the hats of TPA employee, ERISA attorney, plan document drafter, and occasional therapist to frantic plan sponsors—I’ve seen it all. The horror stories, the lawsuits, the...more

Hall Benefits Law

How Plan Sponsors Can Mitigate Risk in PBM Contracts

Hall Benefits Law on

For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest standard of care...more

Holland & Hart - The Benefits Dial

How Do You Like Me Now… Plan Fiduciary Considerations Following New DOL Crypto Guidance

The Department of Labor recently issued Compliance Assistance Release No. 2025-01 rescinding Compliance Assistance Release No. 2022-01 that directed 401(k) plan fiduciaries to exercise “extreme care” before adding...more

Jackson Lewis P.C.

New DOL/EBSA Opinion Letter Program Offers A Path to Clarity for Plan Sponsors

Jackson Lewis P.C. on

On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant expansion of its compliance assistance tools by launching an Opinion Letter Program across five key enforcement agencies, including the Employee...more

Woodruff Sawyer

Fiduciary Duty in the Digital Age: Cybersecurity Best Practices for ERISA Plans

Woodruff Sawyer on

Cybercriminals look for two things when seeking a victim—access and opportunity. ERISA retirement plans offer both. Cybercriminals exploit weaknesses in systems, software, or human behavior to find opportunities for easy...more

Maynard Nexsen

Artificial Intelligence in the Health and Welfare Space: Opportunities and Considerations for Employers

Maynard Nexsen on

Artificial intelligence (also commonly referred to as “AI”) is rapidly reshaping industries, and the health and welfare space is no exception. As employers seek innovative ways to improve the administration of health and...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - March 2025

The March Monthly Minute brings you three recent case updates addressing 401(k) forfeiture utilization, TPA responsibility for recovering self-insured plan’s fraudulently paid claims, and continued PBM litigation in the wake...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

Jackson Lewis P.C.

Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

Jackson Lewis P.C. on

On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Husch Blackwell LLP

ESOP Fiduciary Duties When Investing in Non-Stock Assets

Husch Blackwell LLP on

On February 6, 2025, a Pennsylvania federal judge gave preliminary approval to a $2.1 million settlement resolving a class action involving the Pride Mobility ESOP. This case is one of six brought so far—and the second to...more

Morgan Lewis - ML Benefits

Tobacco Surcharge Lawsuits: Considerations for Plan Sponsors

A growing number of class action lawsuits have been filed against employer-sponsored self-insured group health plans alleging that tobacco cessation wellness programs violate key provisions of the Employee Retirement Income...more

Fennemore

Lessons Learned from ERISA Health Plan Representation and Recommendations for Plan Design and Oversight

Fennemore on

ERISA Health Plan clients are engaged in nearly every industry in the United States. There are nearly 139 million Americans covered by ERISA Health Plans and 2.5 million Health Plans. Yet, operating a health plan has become...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

Epstein Becker & Green on

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

Carey Olsen

Fund Finance Laws and Regulations 2025: Assessing Lender Risk in Fund Finance Markets (GLI chapter)

Carey Olsen on

Carey Olsen have contributed to the Global Legal Insights – Fund Finance guide by authoring a chapter on assessing lender risk in fund finance markets. As the fund finance market continues to evolve, lenders will need to...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

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