News & Analysis as of

Risk Management Department of Labor (DOL) Employee Retirement Income Security Act (ERISA)

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

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

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

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

Littler

Cybersecurity Considerations for Employers Sponsoring ERISA Plans

Littler on

In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as...more

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

ArentFox Schiff

Top 10 ESG Developments for 2023

ArentFox Schiff on

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - November 2023

Editor's Note - The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency,...more

Goodwin

The Federal Deposit Insurance Corporation (FDIC) Issued Guidance Regarding FDIC Insurance and Crypto Assets

Goodwin on

On July 29, the FDIC issued a Fact Sheet and Advisory (collectively, the Published Documents) regarding FDIC deposit insurance and crypto assets. The Published Documents emphasize that FDIC deposit insurance does not apply...more

Dorsey & Whitney LLP

DOL Warns 401(k) Plan Fiduciaries about Cryptocurrency Investments

Dorsey & Whitney LLP on

Investments in Cryptocurrencies such as Bitcoin and Ethereum are becoming more and more mainstream. Driven by outrageous returns, and presenting outrageous volatility and risk, both traditional institutional and individual...more

Holland & Knight LLP

DOL Requests Information on Protection of Retirement Plans from Climate Risks

Holland & Knight LLP on

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) on Feb. 14, 2022, issued a Request for Information (RFI) to gather input regarding the protection of pensions and retirement savings...more

King & Spalding

The Department of Labor Issues its First Cybersecurity Guidance for Plan Sponsors, Fiduciaries and Service Providers

King & Spalding on

It’s been, as the song goes, a long, long time coming. In April, the Department of Labor issued its first ever formal cybersecurity guidance for retirement plan sponsors and retirement plan fiduciaries, and for the service...more

Laner Muchin, Ltd.

DOL Issues Cybersecurity Guidance for Plan Fiduciaries

Laner Muchin, Ltd. on

In April, the U.S. Department of Labor (DOL), for the first time, issued cybersecurity guidance that was focused on retirement plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) but could be...more

Davis Wright Tremaine LLP

Department of Labor Announces Cybersecurity Guidance for ERISA Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) recently announced its first cybersecurity guidance for retirement plans subject to the Employee Retirement Income Security Act of...more

Alston & Bird

Department of Labor Issues Cybersecurity Guidelines

Alston & Bird on

On April 14, 2021, the U.S. Department of Labor announced new cybersecurity guidance for plan sponsors, plan fiduciaries, record-keepers, and plan participants. The guidance is specifically “directed at plan sponsors and...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

Goodwin on

In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

Foley & Lardner LLP

Pension Plan Sponsors – When “De-Risking”, Select Annuity Providers With Care

Foley & Lardner LLP on

Employer-sponsored retirement plans come in many varieties. For example, under 401(k) and other defined contribution plans, employees and, often, employers may make specific contributions to an employee’s plan account...more

McGuireWoods LLP

ERISA Advisory Council Issues 2016 Report on Benefit Plan Cybersecurity

McGuireWoods LLP on

“Cyber threats cannot be eliminated but they can be managed. Cyber experts say that it is not a question of if you will have a cyber-attack, rather it is a question of when. The next question is what you are going to do about...more

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