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Posts tagged fiduciaryresponsibility
Who Owns Plan Forfeitures? New Cases Challenge IRS Guidance

401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.

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Hidden Advisor Fees: Ninth Circuit and DOL Let the Sunshine In

The fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.

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Are All ESG Investments Imprudent? A Plaintiff Suing American Airlines Says Yes

ESG investments are a minefield in the current political environment. A new lawsuit filed against American Airlines and its fiduciaries tries to target all ESG investments as imprudent.

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Is Cryptocurrency Too Risky for 401(k) Plans? The Controversy Continues

Several new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.

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More Pushback Against CAR 2022-01: ForUsAll’s Suit Against the Department of Labor

The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?

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Industry Groups Push Back-Why the DOL Should Partner with Stakeholders to Revise Its Cryptocurrency Guidance

Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.

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Part 2 of "Using Mandatory Arbitration to Avoid ERISA Class Actions" Analyzes Recent Legal Decisions on Whether Plan Sponsors Can Compel Arbitration

Part 2 of the series, Carol Buckmann continues to explore if, when and how mandatory arbitration clauses can be used to rein in the significant increase in fiduciary breach class actions.

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