News & Analysis as of

Fiduciary Duty Risk Management

Orrick, Herrington & Sutcliffe LLP

OCC announces August 2025 enforcement actions

On August 21, the OCC announced its enforcement actions for August. The OCC entered into a single formal agreement with a national bank to address alleged unsafe or unsound practices related to capital, strategic planning,...more

Stark & Stark

Artificial Intelligence for RIAs: Compliance Considerations and Practical Policies

Stark & Stark on

The use of artificial intelligence (“AI”) notetakers, while beneficial for productivity, raises significant concerns around privacy, security, and compliance. These risks are at the center of Brewer v. Otter.ai, a lawsuit...more

Quinn Emanuel

The $110 Billion Crypto Treasury Boom: Litigation Risks on the Horizon

Quinn Emanuel on

The corporate crypto treasury trend continues to boom, and with it the litigation risks. As noted in a recent Forbes article, 152 publicly traded companies now control almost 1 million Bitcoin worth over $110 billion. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Private Equity in 401(k) Plans? Tread Carefully

Word on the street is that President Trump plans to issue an executive order promoting private equity and other private investments in 401(k) plans. While he can’t mandate it, he can certainly nudge it, and that’s exactly...more

Stinson - Benefits Notes Blog

Managing Retirement Plan Litigation Risk – Know Your IPS

There are always plenty of new retirement plan investment performance and fee cases, and it’s hard for a plan sponsor, even one that is doing everything properly, to be assured that it won’t be the target of a lawsuit....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mission Possible: How 401(k) Plan Sponsors Can Handle Fiduciary Liability Like A Pro

Tom Cruise doesn’t age, and apparently neither do the problems that plague 401(k) plan sponsors. The plotlines may change—market volatility, regulation updates, SECURE 2.0—but one thing remains constant: fiduciary liability...more

Patterson Belknap Webb & Tyler LLP

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

On July 29, 2025, the Department of Labor (the “DOL”) published limited interpretive guidance regarding pooled employer plans, or “PEPs,” in the Federal Register (the “New Guidance”). Although PEPs are available to all sizes...more

Vinson & Elkins LLP

Playing the Long Game: Why Corporate Directors Must Keep Their Company’s Long-Term Mission in Focus

Vinson & Elkins LLP on

Corporate boards are no stranger to near-term pressures, but these days the pressures are piling as high as they ever have. Geopolitical tensions and supply-chain disruptions; climate change and technological revolutions;...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Even If You’re Right, You Can Still Get Sued

There’s a hard truth about being a plan sponsor or a plan provider: you can be doing everything right and still get sued. That’s the world we live in—especially in the retirement plan space. You can dot every “i,” cross every...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The New Priorities: Why Plan Sponsors Are Shifting Focus from Cost-Cutting to Cybersecurity and AI

For years, if you asked a 401(k) plan sponsor what their top concern was, you’d get a predictable answer: cost. Cutting expenses. Reducing fees. Pinching pennies. And it made sense. In a post-fee lawsuit world, with advisors...more

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

Bracewell LLP

Derivatives and Securities Dealers' Pre-Hedging of Client Trades Faces Potential New Rules

Bracewell LLP on

Derivatives and securities dealers and some of their market users are locked in a potentially consequential debate over what legal standards should be adopted to govern pre-hedging (also called “pre-positioning” or...more

ArentFox Schiff

Removing Board Members - A Delicate Balance for Trade Association Boards

ArentFox Schiff on

An association’s board often confronts difficult decisions. One that is particularly challenging is whether and how to remove a sitting director....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

Ropes & Gray LLP

DOL Sheds Light on the Fiduciary Responsibilities That Arise with Pooled Employer Plans PEPs

Ropes & Gray LLP on

On July 28, 2025, the U.S. Department of Labor (“DOL”) issued some new interpretive guidance as part of a request for information (“RFI”) about pooled employer plans (“PEPs”) and an employer’s fiduciary responsibilities that...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

BCLP

So, You Want To Join A Public Company Board

BCLP on

Retired senior executives often receive, or seek out, public company directorships as the next step in their journeys. Before accepting, they should carefully evaluate key areas to make sure they are prepared for the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Same Old Song, Same Bad Fiduciary Practices

Here we go again. Another jumbo 401(k) plan, another lawsuit, another round of alleged fiduciary misconduct that reads like a broken record for those of us who’ve been watching this space since before fee disclosure was a...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.

Cybersecurity is an important concern as a plan provider

Without fail, every single day—like clockwork—I get a handful of emails trying to pry their way into my digital life. Sometimes it’s an alleged Amazon receipt I never made, sometimes a fake Dropbox notice, and sometimes it’s...more

Hendershot Cowart P.C.

Texas LLCs, Corporations: Act Now to Secure New Business Protections from 2025 Legislative Reforms

Hendershot Cowart P.C. on

Major changes to Texas Business Organizations Code enacted during this summer’s legislative session provide unprecedented protection for management decisions and business disputes – but only if you amend your governing...more

Lowenstein Sandler LLP

The Importance of Complying with Private Fund Documents for Affiliate Transactions

Lowenstein Sandler LLP on

Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds’ governing documents and their responsibility to ensure their own compliance with applicable...more

Snell & Wilmer

A Return to Form: Department of Labor Walks Back Crypto Warning for 401(k) Plans

Snell & Wilmer on

In Compliance Assistance Release 2025-01 (the “Release”), the Department of Labor (the “Department”) rescinded its prior guidance that cautioned fiduciaries against offering cryptocurrency investments in their retirement...more

Troutman Pepper Locke

Federal Agencies Release Guidance on Crypto-Asset Safekeeping for Banks

Troutman Pepper Locke on

On July 14, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (the Board), and the Federal Deposit Insurance Corporation (FDIC) jointly issued a statement addressing the...more

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