News & Analysis as of

Retirement Plan Investment Management 401k

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Tips for 401(k) Plan Providers (From Someone Who’s Seen the Industry From the Inside Out)

Fifteen years ago, I walked away from the law firm treadmill, overhead, politics, billable hours, all of it, and went out on my own. I wanted to practice ERISA law in a way that actually added value, not just racked up hours....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan Design That Works: Why 401(k) Participants Are Saving Smarter

Every once in a while, the data tells a story that plan sponsors should actually feel good about. Vanguard’s latest How America Saves report offers just that, a story of progress. Thanks to smarter plan design choices,...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

July finalizes another purchase

In the retirement plan industry, acquisitions aren’t just about numbers—they’re about narrative. And with its seventh deal in two years, July Business Services (JULY) is writing a very clear one: they’re not just growing,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Problem of Organizational Drift For 401(k) Plan Providers

I enjoy business history and why certain businesses and organizations fail. I knew Sears and Blockbuster Video would fail, years ahead of time. I knew the synagogue where I was a member and where my son had his bris, would...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Kilpatrick

The Ninth Circuit Rejects Plaintiffs’ Challenge to 401(k) Investments in Private Equity

Kilpatrick on

On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The death of the department store should clue you in about the 401(k) business

The department store has been a dying business for 50 years. That’s not hyperbole—it’s a fact. Ever since the rise of the shopping mall, the explosion of discount retailers like Walmart and Target, and now online shopping,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Down goes Pentegra in a jury trial verdict

If you’re a 401(k) plan provider and think you can get away with charging sky-high fees while prioritizing your own bottom line, think again. A federal jury just reminded us all—fiduciary responsibility under ERISA isn’t just...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

AI in 401(k) Plans: Cool, But Who’s Getting Sued When It Goes Wrong?

Artificial Intelligence. It sounds futuristic, impressive, and maybe even a little terrifying—like something you’d expect in a sci-fi movie where robots take over the world. I’m still convinced that AI is just Skynet in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Choices are good unless it cannibalizes your business

You know what everyone’s talking about lately in the retirement plan world? Pooled Employer Plans — PEPs! Yeah, PEPs. Like they’re the second coming of sliced bread. Spoiler alert: they’re not....more

Troutman Pepper Locke

Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged "ESG Investing" Without Any ESG Funds

Troutman Pepper Locke on

On January 10, 2025, in Spence v. American Airlines, a federal district court in Texas ruled that American Airlines (the company) and the committee overseeing its 401(k) plans (the committee) breached their duty of loyalty...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Surprise. Nasdaq 100 survey shows demand for Nasdaq 100 fund

Nothing surprises me much anymore, neither should the results of the survey that a Nasdaq 100 survey supports the inclusion of Nasdaq 100 index funds....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with stock market volatility

I have experienced several bear markets as an ERISA attorney, and it’s never easy, especially with the current volatility due to tariffs....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

These 401(k) average balances aren’t good

I remember when I was a kid and someone else’s parent bragged about how well their kid was doing. As a child and parent, I will attest that no one whose parents bragged they were a genius, was an actual genius. In addition,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401GO partners with Mesirow

401GO has partnered with Mesirow to provide outsourced 3(38) fiduciary services to its clients. Mesirow’s 3(38) fiduciary services will be integrated into the 401GO retirement platform, making them available to approximately...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

TIAA ranked as top recordkeeper website

A new report by research consultant Corporate Insight (CI) highlights that TIAA, Fidelity, and T. Rowe Price provide the best digital experiences among U.S. recordkeepers....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

BlackRock Lifepath lawsuits were a dud

I knew early from my law school days that I had zero interest in litigation. It was probably from Moot Court when that second year law student admonished my tie. I late discovered this second year law student was the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Intangibles You Need To Succeed In The 401(k) Business

The most disappointing part of going to law school was the lack of practicality. Sure, it helps you think like a lawyer and teach you the basics of the law, it never helped with becoming a successful lawyer or how to draw a...more

Morgan Lewis

ETFs for ERISA Plans: Operational Barriers and Potential Benefits

Morgan Lewis on

Exchange-traded funds (ETFs) have gained an increasing foothold in the wealth-management investment universe, with ETF assets under management currently about half the assets under management of mutual funds. As the ETF...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Be Choosy When Picking Your 401(k) Plan’s TPA

I was very lucky that when I started as an ERISA attorney in 1998, I worked as a staff attorney for a third-party administrator (TPA). It gave me insight and experience that I could never have gotten as an attorney working...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Managed Accounts have room to grow

Sponsors of 401(k) plans are increasingly recognizing the need to provide personalized investment options for their participants; however, access to managed accounts still remains limited....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Betterment launches Solo 401(k)

Betterment Advisor Solutions (BAS), announced the launch of an all-digital solo 401(k), designed for independent advisors and their self-employed clients....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You can’t sell Betamax in a VHS World

A plan provider once asked me if I had written a comprehensive article on why trustee-directed 401(k) plans are superior to participant-directed plans. Although I believe in this argument, I haven’t actually written such an...more

DLA Piper

Institutional Investor Newsletter: Q1 2025

DLA Piper on

Former President Joe Biden issued Executive Order (EO) 14105, “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” on August 9, 2023. More...more

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