News & Analysis as of

Risk Management Fiduciary Duty

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Forfeitures, Fiduciary Failures, and Cigna: Another Lesson in ERISA Risk

Another week, another Adams v. Goliath story in the world of ERISA litigation—and this time, Goliath is Cigna. The company is now facing its second lawsuit in as many months over how it handled forfeitures in its $13 billion...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Josh Itzoe Launches Fiduciary U: A New Era in 401(k) Committee Education

Let me be honest: most fiduciary training out there is about as exciting as watching paint dry in a compliance office. It’s often a checkbox exercise—generic, outdated, and completely divorced from the real-world problems...more

Jones Day

Board Leadership in Navigating Volatility

Jones Day on

Public company boards are facing an unprecedented convergence of destabilizing forces, including geopolitical shocks, inflation, supply-chain disruptions, social unrest, and rapid technological change. At the same time,...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

Foley & Lardner LLP

Board Dynamics in Venture-backed Startups

Foley & Lardner LLP on

In a venture-backed startup, the composition of the Board of Directors plays a pivotal role. The selection of board members impacts the organizational balance of power, decision-making processes, investor confidence, and the...more

Walkers

Trustees, ESG and Investments – key considerations

Walkers on

As global attention sharpens on climate change and social justice issues, sustainability and responsible governance are increasingly becoming higher priorities for 'Millennial' and 'Gen Z' Beneficiaries....more

DarrowEverett LLP

Keeping It in the Family (Trust): Additional Considerations for Contributing S Corp Shares

DarrowEverett LLP on

A large part of business sucession planning is structuring the transfer of business ownership. While outright transfers can be less complex, transferring ownership in trust can provide practical benefits that are worth...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 5: Fiduciary Duties

PilieroMazza PLLC on

Litigation risk is an unavoidable aspect of running a business, but with thoughtful planning, exposure can be significantly reduced. From contractual disputes to employment disputes, potential legal challenges can arise at...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

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 2 - June 2025

Robins Kaplan LLP on

The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Proskauer - The Capital Commitment

Protecting Sponsors from Emerging Portfolio Company Risks through Insurance

In addition to the normal operational and legal risks associated with owning and managing portfolio companies, 2025 has introduced or exacerbated a wave of geopolitical and macroeconomic risks such as inflation, tariffs,...more

Compliance and Ethics: Ideas & Answers

The First US Law School Course on Compliance: Its Origins and Evolution

This essay traces the origin and development of the first dedicated law school course on corporate compliance and ethics programs in the United States. Responding to legal and practice developments over the last two decades,...more

159 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide