The Wagner Law Group continues to monitor the recent flood of “forfeiture” litigation. This alert is our sixth update reporting on and analyzing the nature of the claims raised by plaintiffs, the...
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401(k) Student Loan Match Perk Hindered by Employer Hesitation
401(k) Student Loan Match Perk Hindered by Employer Hesitation - Barry Salkin, Bloomberg Law, September 30, 2024 (PDF)
Federal Judge Who Tossed Stephen Greco’s Sweeping RIA Lawsuit Grants Leave to Refile
Federal Judge Who Tossed Stephen Greco's Sweeping RIA Lawsuit Grants Leave to Refile - Ari Sonneberg, RIABiz, September 27, 2024 (PDF)
ERISA Keynote
ERISA Keynote - Marcia Wagner, co-presenter, Western Pension & Benefits Council, 2024 Western Benefits Conference, San Francisco CA, September 26 - 27, 2024 - Click here for details
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets - Michael Schloss, Pensions & Investments, September 23, 2024 (PDF)
Directed Trustees
Directed Trustees - Barry Salkin, Wolters Kluwer Benefits Law Journal, Vol. 37, No. 3, Autumn 2024
The Importance of Promptly Paying All Final Wages in Massachusetts
The Massachusetts Wage and Hour statute mandates that employers pay departing employees their final wages, inclusive of accrued but unused vacation time, in their final paycheck on the day of...
Marcia Wagner Joins Americans Benefits Council and the ACEBC
Marcia Wagner Joins Americans Benefits Council and the ACEBC - 401(k) Specialist, September 20, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Marcia Wagner, PLANSPONSOR, September 20, 2024 (PDF)
Weighing the Pros and Cons of HSAs
Weighing the Pros and Cons of HSAs - Marcia Wagner, SHRM, September 19, 2024 (PDF)
Secure 2.0 ‘Saver’s Match’ May Boost Retirement Readiness
Secure 2.0 ‘Saver’s Match’ May Boost Retirement Readiness - Ari Sonneberg, Rethinking65, September 18, 2024 (PDF)
New England Update
New England Update - Chistopher Suh, Panelist, The American College of Trusts & Estates 2024 New England Regional Meeting, The Hilton Mystic CT,October 18 - 20, 2024
Guidance on the New Massachusetts Estate Tax Law & Forms
Guidance on the New Massachusetts Estate Tax Law & Forms - Christopher Suh, panelist, MCLE New England live webcast, Wednesday, October 30, 2024, 9:30 to 10:30 AM (EDT) - Click here for...
Massachusetts Court Rules that Paid Family Medical Leave Act Does Not Require Employer to Guarantee Accrual of Vacation and Sick Time During Leave
By Denise Chicoine In Bodge et al. v. Commonwealth et al. the Massachusetts Supreme Judicial Court ruled that the Massachusetts Paid Family Medical Leave Act does not require an employer to...
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel - The Wagner Law Group Press Release, September 16, 2024 (PDF)
Forfeiture Cases Update – BAE Prevails on a Motion to Dismiss
Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I...
BAE Beats 401(k) Plan Forfeiture Suit
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
4 ERISA Arguments to Watch in September
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
Code Section 1042 Transaction Gone Awry
It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in...
3 Atty Takeaways On What’s Ahead As ERISA Turns 50
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
The Successful Yet Much-Litigated ERISA Turns 50
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)
Change-in-Control Severance and Elon Musk: Why You Need a Springing Rabbi … Trust
On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as “Former Twitter executive sues Elon Musk's X for $20 million in unpaid shares.” The article reports...
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but...
What does the Coming Election Mean for the Fiduciary Rule?
What does the Coming Election Mean for the Fiduciary Rule? - Tom Clark, National Association of Plan Advisors (NAPA), August 26, 2024
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases - Michael Schloss, PLANSPONSOR, August 20, 2024 (PDF)
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)
Forfeiture Cases – Update
Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures...
How Employee Benefits Rules May Fare in the Post-‘Chevron’ World
How Employee Benefits Rules May Fare in the Post-‘Chevron’ World - Israel Goldowitz, Bloomberg Tax, August 15, 2024 (PDF)
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America©
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, Marcia Wagner, Thomas Clark, Jr., Andrew Oringer, Harold...
New Regulations Strengthen Retirement Savings Protection
New Regulations Strengthen Retirement Savings Protection - Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
PBGC Nominee to Navigate Concerns Over Agency’s Pension Bailouts
PBGC Nominee to Navigate Concerns Over Agency’s Pension Bailouts - Israel Goldowitz, Bloomberg Tax, August 7, 2024 (PDF)
A New “One Percent” Tax Issue – Proposed IRS Regulations on the Excise Tax on Stock Repurchases
The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise...
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays - Marcia Wagner, 40(k) Specialist, August 2, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Denise Chicoine, Edward Englander and Bill Hoch, planadviser, August 2, 2024 (PDF)
Retirement Security Rule Stayed
Last week was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans...
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray - Marcia Wagner, planadviser, August 1, 2024 (PDF)
Three Senior Attorneys Join the Boston Office of The Wagner Law Group
We are proud to announce that Denise Chicoine, Edward Englander and Bill Hoch have joined our firm as Partners in our Boston office. The breadth and depth that they add to our firm in their areas of...
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum - Thomas Clark, Jr., NAPA, July 31, 2024 (PDF)
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation - Thomas Clark, Jr., panelist, NAPA D.C. Fly-In Forum, Washington D.C., July 30 - 31, 2024 - Click here for details
4 Takeaways After Courts Block ERISA Advice Regs
4 Takeaways After Courts Block ERISA Advice Regs - Andrew Oringer, Law360, July 29, 2024 (PDF)
New Tree Co. Owners Can’t Lodge Suit Over Defunct ESOP
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP - Thomas Clark, Jr., Lee Polk, Stephen Wilkes, Law360, July 26, 2024 (PDF)
Reimagining Retirement: Participant Data in Your Practice
Reimagining Retirement: Participant Data in Your Practice - Thomas Clark, Jr., panelist, Endeavor Retirement live webinar, July 23, 2024 - Click here for recording
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse - Marcia Wagner, planadviser, July 15, 2024 (PDF)
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed - Andrew Oringer, PLANSPONSOR, July 3, 2024 (PDF)
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm,...
Retirement Income Solutions in QDIAs: What Are the Impediments?
Retirement Income Solutions in QDIAs: What Are the Impediments? - Thomas Clark, Jr., NAPA, July 11, 2024 (PDF)
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed - Marcia Wagner and Andrew Oringer, PLANSPONSOR, July 10, 2024 (PDF)
Qualified Default Investment Annuities (QDIAs) – Start to Finish, Default to Payout
Qualified Default Investment Annuities (QDIAs) - Start to Finish, Default to Payout - Thomas Clark, Jr., U.S. Department of Labor ERISA Advisory Council testimony, July 10, 2024
Salim Ramji Takes Vanguard CEO Helm With Good Vibes But the Company’s 50 million ‘Owners’ May Expect More Privileges
Salim Ramji Takes Vanguard CEO Helm With Good Vibes But the Company's 50 million 'Owners' May Expect More Privileges - Ari Sonneberg, RIABiz, July 9, 2024 (PDF)
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions - Mark Greenstein, FUNDfire, July 8, 2024 (PDF)
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule - Andrew Oringer, PLANSPONSOR, July 5, 2024 (PDF)
5 Argument Sessions Benefits Attys Should Watch For In July
5 Argument Sessions Benefits Attys Should Watch For In July - Andrew Oringer, Law360, July, 3, 2024 (PDF)
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse - Stephen Rosenberg and Andrew Oringer, Pensions & Investments, July 3, 2024 (PDF)
Benefits Rules Likely to Draw Fresh Fire After High Court Action Ari Sonneberg
Benefits Rules Likely to Draw Fresh Fire After High Court Action - Roberta Casper Watson, Bloomberg Law, July 2, 2024 (PDF)
The Litigation Floodgates are Expected to Open. How The Supreme Court’s Chevron Deference Ruling Expands Judge
The Litigation Floodgates are Expected to Open. How The Supreme Court's Chevron Deference Ruling Expands Judge - Stephen Rosenberg, Pensions & Investments, July 2, 2024 (PDF)
Key Employee Incentives: From Design to Implementation
Key Employee Incentives: From Design to Implementation - Mark Poerio, panelist, CPAAcademy.org webinar, July, 10, 2024, 4;00 - 5:00 PM (EDT) - Click here for details and registration
Providing Retirement Benefits Can Benefit Employers
Providing Retirement Benefits Can Benefit Employers - Ari Sonneberg, PLANSPONSOR, July 1, 2024 (PDF)
PBGC Closer to Receiving Pension Plan Restitution Payments
PBGC Closer to Receiving Pension Plan Restitution Payments - Andrew Oringer, PLANSPONSOR, July 1, 2024 (PDF)
Employers Can Trust Address Provided by Employees
Employers Can Trust Address Provided by Employees - Marcia Wagner, PLANSPONSOR, June 25, 2024 (PDF)
5 ERISA Cases to Watch in 2024’s Second Half
5 ERISA Cases to Watch in 2024's Second Half - Andrew Oringer, Law360, June 21, 2024 (PDF)
Reg S-P Amended Around Cybersecurity
Seth F. Gaudreau concentrates his practice in ERISA...
Pivotal ERISA Case Stalls Amid Mental Health Crisis
Pivotal ERISA Case Stalls Amid Mental Health Crisis - Andrew Oringer, Law360, June 13, 2024 (PDF)
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban - Katherine Brustowicz, FUNDfire, June 12, 2025 (PDF)
Court Split Spells Trouble on Surprise Billing Award Enforcement
Court Split Spells Trouble on Surprise Billing Award Enforcement - Roberta Casper Watson, Bloomberg Law, June 11, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly...
DOL’s New Fiduciary Regulation and Exemptions
DOL’s New Fiduciary Regulation and Exemptions - Marcia Wagner, speaker, Retirement Management Executive Forum (RMEF), Chicago, Il, June 5, 2024 - View PowerPoint presentation here
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers - Marcia Wagner, Financial Advisor IQ, June 5, 2024 (PDF)
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light - Andrew Oringer, PLANSPONSOR, June 3, 2024 (PDF)
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, June 25, 2024, 1:00 - 1:30 PM (EDT) - Click here...
The Rise of Fiduciary Health Plan Litigation
By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on...
Undue Influence Claims Under ERISA
Undue Influence Claims Under ERISA - Barry Salkin, Benefits Law Journal, Volume 37, No. 2, Summer 2024
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans?
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans? - Israel Goldowitz, Panelist, 19th Biennial IPEBLA Conference, Milan, Italy, May 26 - 29, 2024 - Click here for details
DOL Releases Final Rule Revising FLSA Overtime Regulations
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)
By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June...
Department of Labor’s New Investment Advice Fiduciary Rule and Related Exemption Amendments
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the...
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know - Quoting WLG Law Alert by Katherine Brustowicz, David Gabor, Johanna Matloff, Mark Poerio, Andrew Oringer, and Virginia...
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning - Marcia Wagner, The Street, May 8, 2024 (PDF)
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
Group Health Plans Must Take Action to Comply with Changes to HIPAA Privacy Rules Designed to Protect Reproductive Healthcare Privacy
By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Attention Investment Managers: QPAM Matters for Immediate Review
Seth F. Gaudreau concentrates his practice in ERISA...
Ban on Non-Competition Agreements – What Employers Need to Know and Do Now
Introduction: On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across the...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting - Johanna Matloff, The Wagner Law Group Free Webinar, May 14, 2024, 1:00 - 1:30 PM (EDT) -...
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
4 Takeaways from DOL’s Final ERISA Investment Advice Regs
4 Takeaways from DOL's Final ERISA Investment Advice Regs - Andrew Oringer, Law360, April 25, 2024 (PDF)
FDIC Bid to Strip BlackRock and Vanguard of Superpower ‘Has Legs’
FDIC Bid to Strip BlackRock and Vanguard of Superpower 'Has Legs' - Ari Sonneberg, RIABiz, April 24, 2023 (PDF)
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice - Andrew Oringer, CNBC, April 23, 2024 (PDF)
Multiple Employer Plans Update
Multiple Employer Plans Update - Susan Rees, panelist, ABA 2024 May Tax Section Meeting, May 3, 2024, Washington, D.C. - Click here for details
Examining Increasing Health Plan Fee Litigation
Examining Increasing Health Plan Fee Litigation - Thomas Clark, Jr., panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 - 3:00 PM (EDT) - Click here for details and registration
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told - Marcia Wagner, Law360, April 10, 2024 (PDF)
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule - Andrew Oringer, Ignites, April 10, 2024 (PDF)
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed - Israel Goldowitz, panelist, Worldwide Employee Benefits Network live and virtual seminar, New York, NY, June 20, 2024, 3:00 -...
IBM Wins Dismissal of Pension Lawsuit
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday!
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare “Shuns”: Retirement Income Solutions – How to Compare
Compare “Shuns”: Retirement Income Solutions – How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment - Andrew Oringer, PLANSPONSOR, April 3, 2024 (PDF)
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question - Marcia Wagner, 401(k) Advisor, April, 2024
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation - Dannae Delano and Linda Stuessi, panelists, Lorman Education Services live CLE webinar, May 15, 2024, 1:00 - 2:05...
Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors. In addition, there have been developments affecting the...
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Mutual Mistake Under ERISA
Mutual Mistake Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 37, No. 1, Spring 2024
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
Exhaustion – NYU Review of Employee Benefits
Exhaustion - Barry Salkin, NYU Review of Employee Benefits, October 2023
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit - Andrew Oringer, PLANSPONSOR, May 13, 2024 (PDF)
401(k) Inventor Offers New Way to Earn ‘Bread
401(k) Inventor Offers New Way to Earn 'Bread' - Marcia Wagner, Newsmax, March 12, 2024 (PDF)
If You Cross-Trade Securities, Make Sure Not to Cross ERISA
If You Cross-Trade Securities, Make Sure Not to Cross ERISA - Michael Schloss, Bloomberg Tax, March 8, 2023 (PDF)
Massachusetts Lawyers Weekly 2024 Women Who Lead Edition
2024 Women Who Lead - Marcia Wagner, Massachusetts Lawyers Weekly, March 6, 2024 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note - Marcia Wagner, 401(k) Advisor, March, 2024
DOL Streamlines PTE Application Rule With New Requirements
DOL Streamlines PTE Application Rule With New Requirements - Michael Schloss and Stephen Wilkes, Bloomberg Law, February 29, 2024 (PDF)
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024 – Regina Mandl, Barry Salkin, Ari Sonneberg and Marcia Wagner, panelists, Pennsylvania Bar Institute CLE webinar,...
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
Merger and Acquisition Considerations for Employee Benefit Plans
By Seth Gaudreau and Stephen Wilkes In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit...
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions - Michael Schloss and Stephen Wilkes, The Wagner Law Group Webinar, March 19, 2024, 12:00 - 1:00 PM (EDT) - Click here for...
4 Trends Executive Compensation Attorneys Are Watching
4 Trends Executive Compensation Attorneys Are Watching - Andrew Oringer, Law350, February 23, 2024 (PDF)
Judge Denies American Airlines’ Motion to Dismiss
Judge Denies American Airlines’ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans - Andrew Oringer, PLANSPONSOR, February 21, 2024 (PDF)
California’s Expanded Non-Compete Ban Has National Reach
California’s Expanded Non-Compete Ban Has National Reach - David Gabor, Rethinking65, February 21, 2024 (PDF)
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 - Thomas Clark, Jr., 401(k) Specialist Magazine, February 5, 2024 (PDF)
Attorney Peter Hutchinson Joins The Wagner Law Group
Attorney Peter Hutchinson Joins The Wagner Law Group - The Wagner Law Group Press Release, February 13, 2024
California Further Tightens Restrictions on Non-Compete Clauses
California Further Tightens Restrictions on Non-Compete Clauses - David Gabor, PLANADVISER, February 9, 2024 (PDF)
Johnson & Johnson Case Signals Employee Drug Price Suits to Come
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
California Restricts Non-Compete Agreements
By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent...
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 3
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
New Fire for Enforcing Forfeiture-for-Competition Provisions
By Mark Poerio and Jordan Mamorsky The enforceability of non-compete provisions continues to be in the national spotlight. In a very recent Delaware Supreme Court decision, Cantor Fitzgerald, L.P....
SEC Matters to Consider in the New Year: 2024 Exam Priorities and Off-Channel Enforcement Actions
Seth F. Gaudreau concentrates his practice in ERISA...
Workers Poised to Get Benefits as Rule Creates ‘Employees’
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
26 State Attorneys General Appeal Biden ESG Rule Decision
26 State Attorneys General Appeal Biden ESG Rule Decision - Andrew Oringer, PLANSPONSOR, January 19, 2024 (PDF)
Jordan Mamorsky Appointed Partner at The Wagner Law Group
Jordan Mamorsky Appointed Partner at The Wagner Law Group - January 17, 2024
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts - Andrew Oringer, Investment News, January 17, 2024 (PDF)
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax - Andrew Oringer, PLANSPONSOR, January 17, 2024 (PDF)
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping?
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping? - Roberta Watson, Glossy, January 16, 2024 (PDF)
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits - Dannae Delano, panelist, Strafford live CLE webinar, January 4. 2024 - Click here for...
5 January Argument Sessions Benefits Attys Should Watch
5 January Argument Sessions Benefits Attys Should Watch - Marcia Wagner and Andrew Oringer, Law360, January 3, 2024 (PDF)
Plan Sponsors Should Be Intentional When Adding Managed Accounts
Plan Sponsors Should Be Intentional When Adding Managed Accounts - Marcia Wagner, PLANSPONSOR, January 2, 2024 (PDF)
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 2
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
DOL Proposes to Rescind 2018 Association Health Plan Rule
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by,...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
Merrill Edge in Hot Seat Over Rates Paid on IRAs
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
Longstanding Internal Revenue Service Position Called into Question
By Barry Salkin, Michael Schloss and Mark Greenstein Recently, several class action lawsuits have been filed challenging the permissibility of plan language providing discretion as to how...
CapitalROCK: Retirement Security Rule Review by Wagner Law Group
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
5 Recent ERISA Decisions Attorneys Should Know
5 Recent ERISA Decisions Attorneys Should Know - Andrew Oringer, Law360, December 8, 2023 (PDF)
SEC Speaks to Importance of Naming Convention
By Seth Gaudreau and Stephen Wilkes SEC Commissioner Crenshaw reminded us last year that, despite the poetic beauty of Shakespeare’s observation that, “A rose by any other name would smell as...
Court Upholds PBGC Denial of Special Financial Assistance to a Terminated Multiemployer Plan
By Israel Goldowitz In March 2021, Congress enacted the American Rescue Plan Act (ARPA), which authorized the Pension Benefit Guaranty Corporation (PBGC) to provide taxpayer-funded special financial...
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets - Kim Shaw Elliott, Chief Investment Officer, November 29, 2023 (PDF)
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries - Kim Shaw Elliott, PLANADVISER, November 27, 2023 (PDF)
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto - Kim Shaw Elliott, PLANSPONSOR, November 22, 2023 (PDF)
SEC Charges Against Kraken Identify Specific Tokens as Securities
SEC Charges Against Kraken Identify Specific Tokens as Securities - Kim Shaw Elliott, PLANADVISER, November 22, 2023 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration...
Seasoned Litigator Joins The Wagner Law Group
Seasoned Litigator Joins The Wagner Law Group - The Wagner Law Group Press Release, November 14, 2023
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
Developments on the ESOP Front
By Jon Schultze, Andrew Oringer and Barry Salkin Employee stock ownership plans (“ESOPs”) are retirement plans that provide employees with the opportunity to own stock of their employer. Congress...
IBM Plans to End 5% Employer Matching in 401(k) Plan
IBM Plans to End 5% Employer Matching in 401(k) Plan - Andrew Oringer, PLANSPONSOR, November 3, 2023 (PDF)
3 Takeaways From DOL’s New Fiduciary Proposal
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
The Retirement Security (Nee Fiduciary) Rule Rides Again
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new...
IRS Announces 2024 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2024 in Notice...
What to Consider When Adding Retirement Income Options
What to Consider When Adding Retirement Income Options - Ari Sonneberg, PLANSPONSOR, November 1, 2023 (PDF)
Blacklisted ‘Woke’ Firms Like BlackRock and State Street Still Have a Lock on AUM in Oil States Like Oklahoma
Blacklisted 'Woke' Firms Like BlackRock and State Street Still Have a Lock on AUM in Oil States Like Oklahoma - Ari Sonnebrg, RIABiz, November 1, 2023 (PDF)
Prepare for Upcoming Changes to Defined Contribution Plans Long-Term, Part-Time Employees
The SECURE Act of 2019 (the “2019 Act”) and the SECURE 2.0 Act of 2022 (the “2022 Act”) made many significant changes to retirement plans and how they operate. Several provisions became effective...
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third - Ari Sonneberg, RIABiz, October 27, 2023 (PDF)
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms - Andrew Oringer, Bloomberg Law, October 24, 2024 (PDF)
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
IRS Issues Notice Providing Relief to Taxpayers Affected by Recent Terroristic Actions Against Israel
By Michael Schloss On October 13, 2023, responding to the terroristic action in the State of Israel that began on October 7, 2023, the Department of the Treasury and the Internal Revenue Service...
Plan Penalized for Failure to Follow Its Own Provisions
Plan Penalized for Failure to Follow Its Own Provisions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 9, October 2023
Goldman Sachs’ Sweeping Legal Effort to Crush ‘United Capital’ Advisor Exodus May Prove Largely Meaningless
Goldman Sachs' Sweeping Legal Effort to Crush 'United Capital' Advisor Exodus May Prove Largely Meaningless - Ari Sonneberg, RIABiz, October 9, 2023 (PDF)
Complaints Allege Improper Use of 401(k) Plan Forfeitures
Complaints Allege Improper Use of 401(k) Plan Forfeitures - Marcia Wagner, PLANSPONSOR, October 9, 2023 (PDF)
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections - Andrew Oringer, CNBC, October 6, 2023 (PDF)
Developments at the EEOC: What This Means for You
Developments at the EEOC: What This Means for You - David Gabor, The Wagner Law Group free webinar, November 1, 2023, 1:00 - 1:45 PM (EDT) - Click here for recording
ERISA: Defense Strategies to DOL Litigation and Investigations
ERISA: Defense Strategies to DOL Litigation and Investigations - Stephen Wilkes, panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 - 1:30 PM (EDT)
ERISA Section 3(21)(A) and Discretion
ERISA Section 3(21)(A) and Discretion - Barry Salkin, Benefits Law Journal, Vol. 36 No. 3, Autumn 2023 (PDF)
SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
The Future Is Now for ERISA Fiduciary Duties Around Plan Data
The Future Is Now for ERISA Fiduciary Duties Around Plan Data - Michael Schloss, Bloomberg Law, September, 27. 2023 (PDF)
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says - Andrew Oringer, CNBC, September 27, 2023 (PDF)
4 Takeaways For Benefits Attys After Judge Clears ESG Rule
4 Takeaways For Benefits Attys After Judge Clears ESG Rule - Andrew Oringer, Law360, September 22, 2023 (PDF)
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed - Andrew Oringer, Investment News, September 20, 2023 (PDF)
Supreme Court Asked to Weigh in on Arbitration, Again
Supreme Court Asked to Weigh in on Arbitration, Again - Jordan Mamorsky, Pensions & Investments, September 18, 2023 (PDF)
New Republican Discrimination Bill Adds Little to Current Law: Lawyers
New Republican Discrimination Bill Adds Little to Current Law: Lawyers - Mark Greenstein, FUNDfire, September 18, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals By Kellie Mejdrich
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
Department of Labor Recovers $22.5 million for ESOP
Department of Labor Recovers $22.5 million for ESOP - Andrew Oringer, PLANSPONSOR, September 13, 2023 (PDF)
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
Highlights of 2023 PBGC Meeting With ABA’s Joint Committee on Employee Benefits
By Harold Ashner and Israel Goldowitz On September 11, 2023, the American Bar Association (“ABA”) posted a summary of the May 3, 2023, meeting between representatives of the Pension Benefit Guaranty...
New Fiduciary Rule Sent to OMB By Department of Labor
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
IRS Issues Transitional Guidance for Required Minimum Distributions
IRS Issues Transitional Guidance for Required Minimum Distributions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 8, September 2023
IRS Delays Roth Catch-up Contribution Change to Defined Contribution Plans
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k),...
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court - Ari Sonneberg, RIABiz, August 29, 2023 (PDF)
9th Circ. Reopens Door To Reprocessing In UBH Battle
9th Circ. Reopens Door To Reprocessing In UBH Battle - Andrew Oringer, Law360, August 25, 2023, (PDF)
Former Director Sues Howard University Pension Plan
Former Director Sues Howard University Pension Plan - Andrew Oringer, PLANSPONSOR, August 21, 2023 (PDF)
10th Circ.’s Okla. PBM Ruling Could Curtail State Regulation
10th Circ.'s Okla. PBM Ruling Could Curtail State Regulation - Andrew Oringer, Law360, August 18, 2023 (PDF)
IRS Issues Guidance on Taxation of Restricted Stock Units to Employees Working in United States and Abroad
By Barry Salkin In a global economy, it will frequently be the case that employees of multinational organizations will be employed in both the United States and abroad. In Chief Counsel Advice...
11 Attorneys from The Wagner Law Group to be Recognized in 2024 Edition of The Best Lawyers in America©
Boston, MA, August 17, 2023 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that 11 of its attorneys will be recognized...
9th Circ. ERISA Fee Ruling May Spur High Court Intervention
9th Circ. ERISA Fee Ruling May Spur High Court Intervention - Andrew Oringer, Law360, August 9, 2023 (PDF)
Departments Consider Potential Safe Harbor for Nonquantitative Treatment Limitations under the Mental Health Parity and Addiction Equity Act Regarding Network Adequacy
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 25, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) issued proposed regulations and other...
3 Takeaways From The PBGC’s Latest Fiscal Health Checkup
3 Takeaways From The PBGC's Latest Fiscal Health Checkup - Israel Goldowitz, Law360, August 4, 2023 (PDF)
UnitedHealth Group Insurance TPA, UMR Sued by DOL
UnitedHealth Group Insurance TPA, UMR Sued by DOL - Andrew Oringer, PLANSPONSOR, August 2, 2023 (PDF)
CMS Recommends Extension of Special Enrollment for Individuals Losing Medicaid and CHIP
By Roberta Watson, Dannae Delano and Barry Salkin Employers frequently provide group health plan coverage for their employees through pre-tax contributions to a cafeteria plan. Elections under a...
Departments Issue Guidance on No Surprises Act and Limitations on Cost Sharing Under the Affordable Care Act
By Dannae Delano, Roberta Watson and Barry Salkin In FAQ Part 60, the Departments of Health and Human Service, Treasury, and Labor (the “Departments”) addressed limitations on cost sharing under the...
Pension benefits at Yellow Corp. secured by Teamsters fund bailout this year
Pension Benefits at Yellow Corp. Secured by Teamsters Fund Bailout This Year - Michael Schloss, Pensions & Investments, August 1, 2023 (PDF)
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove - Ari Sonneberg, RIABiz, July 28, 2023 (PDF)
Danger Will Robinson, Esq. – A Cautionary Note to Lawyers Regarding Engagement Letters
Buried in the recent decision in Supercooler Technologies, Inc. v. The Coca Cola Company, No. 6:23-cv-187-CEM-RMN (M.D. Fl. July 17, 2023), is a set of circumstances that amount to a cautionary tale...
IRS Issues Transitional Guidance for Required Minimum Distributions
By Jon Schultze and Barry Salkin In response to changes made by the SECURE 2.0 Act of 2022 (SECURE 2.0) to the required minimum distribution (“RMD”) rules of the Internal Revenue Code (the “Code”),...
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid - Roberta Casper Watson, PLANSPONSOR, July 24, 2023 (PDF)
ERISA Arbitrability Battles May Require High Court Guidance
ERISA Arbitrability Battles May Require High Court Guidance - Andrew Oringer, Law360, July 21, 2022 (PDF)
Departments Propose Regulations on Short-Term Limited Duration Insurance and Indemnity Insurance Excepted Benefits
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 7, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) issued proposed regulations modifying the...
Significant Changes Made to IRS Employee Plans Compliance Resolution System
By Dannae Delano, Seth Gaudreau and Barry Salkin The SECURE 2.0 Act of 2022, Division T of Public Law No. 117-328 (“the Act”) includes dozens of provisions that affect retirement plans and...
ERISA Fiduciary Institute 2023
ERISA Fiduciary Institute 2023 - Andrew Oringer and Susan Rees, panelists, American Bar Association Joint Committee on Employee Benefits (JCEB) seminar, Washington, D.C., September 12, 2023 - Click...
Twitter Hit With $500M Suit for Unpaid Severance
Twitter Hit With $500M Suit for Unpaid Severance - Andrew Oringer, planadviser, July 12, 2023 (PDF)
Verizon 401(k) lawsuit settles for $30 million
Verizon 401(k) lawsuit settles for $30 million - Stephen Rosenberg, InvestmentNews, July 11, 2023 (PDF)
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money - Michael Schloss, Bloomberg Tax, July 10, 2023 (PDF)
FAQ Clarifies Status of In-Network Providers, Facility Fees
FAQ Clarifies Status of In-Network Providers, Facility Fees - Roberta Casper Watson, PLANSPONSOR, July 10, 2023 (PDF)
DOL Proposes Limiting Short-Term ‘Junk’ Health Plans
DOL Proposes Limiting Short-Term ‘Junk’ Health Plans - Roberta Watson, PLANSPONSOR, July 7, 2023 (PDF)
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks - Roberta Casper Watson, planadviser, July 7, 2023 (PDF)
3 DOL Moves Benefits Attorneys Will Be Watching For
3 DOL Moves Benefits Attorneys Will Be Watching For - Andrew Oringer, Law360, July 3, 2023 (PDF)
SEC’s Recent Marketing Rule Risk Alert Identifies Additional Areas of Focus During Compliance Examinations
By Seth Gaudreau and Stephen Wilkes On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (the “Division”) published a risk alert (the “Risk Alert” - found here)...
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce - Marcia Wagner and Ari Sonneberg, MCLE New England, 2nd Edition, 2023
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict - Andrew Oringer, PLANSPONSOR, June 29, 2023 (PDF)
DOL Sues Missouri Bankers Benefit Plan
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
Could Health Care Regulation Go the Way of Retirement Plans?
Could Health Care Regulation Go the Way of Retirement Plans? - Andrew Oringer, PLANSPONSOR, June 12, 2023 (PDF)
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss - June 7, 2023
New England 401(k) Fee Suits Forge Employers’ Longshot Bid
New England 401(k) Fee Suits Forge Employers’ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
Massachusetts Division of Insurance Provides Special Enrollment Period for Loss of COBRA Coverage
By Dannae Delano, Barry Salkin and Roberta Casper Watson As we have previously described in client alerts, the end of the National Emergency and the cessation of the outbreak period on July 10,...
Churchill Holdings ESOP Participants Sue
Churchill Holdings ESOP Participants Sue - Andrew Oringer, PLANSPONSOR, June 2, 2023 (PDF)
Pension Row With Teamsters Belongs In Court, 1st Circ. Told
Pension Row With Teamsters Belongs In Court, 1st Circ. Told - Stephen Rosenberg, Law360, May 26, 2023 (PDF)
Pension Risk Transfers Continue to Skyrocket in Q1
Pension Risk Transfers Continue to Skyrocket in Q1 - Marcia Wagner, PLANSPONSOR, May 25, 2023 (PDF)
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans - Marcia Wagner, 401(k) Advisor, May 2023
The Who, When and Why of Independent Fiduciaries
The Who, When and Why of Independent Fiduciaries - John Sohn and Stephen Wilkes, Benefits Magazine, May/June 2023
SEC Issues New Guidance For Investment Advice Obligations
By Stephen Wilkes and Seth Gaudreau On April 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) published a Staff Bulletin (the “Bulletin”) reiterating the care obligation standards of...
DOL, Trade Groups Clash Over ERISA Prohibited Transactions
DOL,Trade Groups Clash Over ERISA Prohibited Transactions - Andrew Oringer, Pensions & Investments, May 22, 2023 (PDF)
Employers Discuss Why They Use Vendor Search Consultants
Employers Discuss Why They Use Vendor Search Consultants - Andrew Oringer, PLANSPONSOR, May 19, 2023 (PDF)
The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL Is Abandoned
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the “DOL”) has abandoned its appeal in American Securities Association [“ASA”] v. U.S. Department of...
What Regulations and the Law Say About Retirement Income
What Regulations and the Law Say About Retirement Income - Marcia Wagner, 2023 PLANSPONSOR National Conference, Orlando, FL, June 21 - 23, 2023 - Click here for details
The Pregnant Workers Fairness Act (PWFA): What Employers Need to Know Before Summer 2023
By Katherine Brustowicz and David Gabor Introduction: It has long been the law that Title VII, the Age Discrimination in Employment Act (ADEA), and the Family Medical Leave Act (FMLA) protect...
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation - Andrew Oringer, PLANSPONSOR, May 9, 2023 (PDF)
Legally Navigating Workplace Disability and Religious Accommodations
Legally Navigating Workplace Disability and Religious Accommodations - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, May 31, 2023, 1:00 - 1:45 PM (EDT) - Click here...
Massachusetts Human Resource Law Boot Camp
Massachusetts Human Resource Law Boot Camp - Katherine Brustowicz, panelist, National Business Institute (NBI), live online seminar, May 5, 2023 9:00 AM - 4:30 PM (EDT)- Click here for details
Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance isn't End of Fiduciary Saga - Andrew Oringer, Pensions & Investments, May 1, 2023 (PDF)
3 May Argument Sessions Benefits Attorneys Should Watch
3 May Argument Sessions Benefits Attorneys Should Watch - Andrew Oringer, Law360, April 28, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued]
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued] - Marcia Wagner, 401(k) Advisor, April 2023
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting)
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting) - Mark Poerio and Barry Salkin, LexisNexis Practical Guidance, March 31, 2023
DOL Sues Profit-Sharing Retirement Plan of California Consultant
DOL Sues Profit-Sharing Retirement Plan of California Consultant - Andrew Oringer, PLANSPONSOR, April 17, 2023 (PDF)
HIPAA Enforcement Suspended During Pandemic to Resume With 90 Day Transition Period for Telehealth
By Dannae Delano U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued the following four pieces of guidance announcing enforcement discretion during the COVID-19...
Chambers USA 2022: Employee Benefits & Executive Compensation – Andrew Oringer
Chambers USA 2022: Employee Benefits & Executive Compensation - Andrew Oringer
Secure 2.0, The Fiduciary Rule, New Developments: What You Need to Know
Secure 2.0, The Fiduciary Rule, New Developments: What You Need to Know - Marcia Wagner, Financial Executives International (FEI) Committee on Benefits Finance – March 2023 Virtual Meeting -...
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation - Marcia Wagner, SHRM, April 12, 2023 (PDF)
Agencies Issue Guidance Regarding Effect of the End of the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) on Benefits
By Barry Salkin, Dannae Delano and Roberta Casper Watson On January 31, 2020, the Department of Health and Human Services (HHS) declared that a nationwide public health emergency (PHE) had existed...
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue - Thomas Clark, Jr., The Capitol Forum, April 10, 2023
Withdrawal Liability Interest Rate Assumptions: The Battle Continues
Withdrawal Liability Interest Rate Assumptions: The Battle Continues - Israel Goldowitz, Bloomberg Tax Management Compensation Planning Journal, April 7, 2023
Suit “Routes”: Lessons Learned from Litigation
Suit “Routes”: Lessons Learned from Litigation - Thomas Clark, Jr., Panel Moderator, NAPA 401(k) Summit, April 3 -5. 2-2023 - Click here for details
Case(s) in Point
Case(s) in Point - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
What to Love (& Fear) About SECURE 2.0 Now
What to Love (& Fear) About SECURE 2.0 Now - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit - Thomas Clark, Jr., NAPA, April 4, 2023 (PDF)
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products - Marcia Wagner and John Sohn, 401(k) Specialist, April 3, 2023 (PDF)
How Plan Sponsors Can Offer Backdoor Roth Conversions
How Plan Sponsors Can Offer Backdoor Roth Conversions - Marcia Wagner, PLANSPONSOR, April 3, 2023 (PDF)
Governance
Governance - Andrew Oringer, PLANSPONSOR Magazine, March - April 2023
The Duty of Impartiality
The Duty of Impartiality - Bary Salkin, author, Benefits Law Journal, Vol 36, No. 1, Spring 2023
What All Estate Planners Need to Know About Cohabitation & Prenuptial Agreements
What All Estate Planners Need to Know About Prenuptial & Cohabitation Agreements - Christopher Suh, panelist, MCLE New England live CLE webcast, November 6, 2023, 9:00 - 11:00 AM (EDT) - Click...
IRS Issues Guidance on Nonfungible Tokens (“NFTs”) in IRAs and Tax-Qualified Individual Account Plans
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (“Code”) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified...
ERISA Attorney Marcia Wagner Comments On The President’s Veto Of Bipartisan ESG Joint Resolution
ERISA Attorney Marcia Wagner Comments On The President’s Veto Of Bipartisan ESG Joint Resolution - Marcia Wagner, Forbes, March 24, 2023 (PDF)
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard - Amdrew Oringer, Law360, March 24, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities - Marcia Wagner, 401(k) Advisor, March 2023
Defined Benefits Plans: Underfunded Plans
Defined Benefits Plans: Underfunded Plans - Harold Ashner and Linda Rosenzweig, contributing authors, Bloomberg Law Guide to Retirement Plan Designs. March 2023
Fiduciary Litigation Debate
Fiduciary Litigation Debate - Thomas Clark, Jr., DC Pension Geeks Podcast, March 20, 2023 - Click here for recording
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, Strafford Live CLE webinar, March 23, 2023, 1:00 - 2:30 PM (EDT) - Click here for details
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0 - Lee Polk, panelist, Institutional Investor Defined Contribution Forum, Chicago, IL, April 18 - 19, 2023 - Click...
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
IRS Issues Proposed Regulations Regarding Use of Forfeitures in Tax-Qualified Plans
By Jon Schultze and Barry Salkin Some of the IRS regulations dealing with tax-qualified plans predate ERISA and subsequent federal tax legislation, and have become outdated. However, sometimes it...
Notes from ALM’s Complex Claims & Litigation Forum 2023
Notes from ALM's Complex Claims & Litigation Forum 2023 - Stephen Rosenberg, ALM Property Casualty 360, March 14, 2023 (PDF)
SECURE Act 2.0 Modification to Controlled Group and Affiliated Service Group Requirements
By Jon Schultze and Barry Salkin One of the less-discussed provisions of the recently enacted SECURE Act 2.0 makes two changes to the “family attribution” rules under Section 414 of the Internal...
Departments Issue Guidance Requiring First Annual “Gag” Attestation by December 31, 2023
By Dannae Delano, Roberta Casper Watson and Barry Salkin The Consolidated Appropriations Act of 2021 (“CAA”) is the most significant compliance challenge for employer health plan sponsors since the...
Retirement Industry People Moves
Retirement Industry People Moves - Lee Polk, PLANADVISER, March 3, 2023 (PDF)
Battle Over ESG Means Balancing Act For Benefits Plans
Battle Over ESG Means Balancing Act For Benefits Plans - Andrew Oringer, Law360, March 3, 2023 (PDF)
Court Ruling Vacating DOL Rollover Guidance Isn’t End Of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance Isn't End Of Fiduciary Saga - Andrew Oringer, Pensions & Investments, March 1, 2023 (PDF)
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney Lee T. Polk
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney Lee T. Polk - March 1, 2023
Tackling Market Disruptors – How to Manage Industry Shifts
Tackling Market Disruptors – How to Manage Industry Shifts - Panelist, ALM Complex Claims and Litigation Forum, Las Vegas, NV, February 27 - March 1, 2023 - Click here for details
The Largest Women-Owned Businesses in Massachusetts
The Largest Women-Owned Businesses in Massachusetts - Boston Business Journal, February 24, 2023
Rudy Adolf Dodges Questions on Focus Financial Earnings Call
Rudy Adolf Dodges Questions on Focus Financial Earnings Call - Ari Sonneberg, RIABiz, February 21, 2023 (PDF)
Church-Exemption Ruling Could Have Wide Implications
Church-Exemption Ruling Could Have Wide Implications - Andrew Oringer, PLANSPONSOR, February 22, 2023 (PDF)
Cybersecurity Issues – 2023 Joint TE/GE Council Employee Plans Annual Meeting
Cybersecurity Issues - Susan Rees, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
Practitioner’s Panel – 2023 Joint TE/GE Council Hybrid Annual Meeting
Practitioner’s Panel - Roberta Watson, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
DOL Court Loss Casts Shadow On Fiduciary Rulemaking
DOL Court Loss Casts Shadow On Fiduciary Rulemaking - Andrew Oringer, Law360, February 17, 2023 (PDF)
Lawsuit Accuses Conagra of Shirking Pension Benefits
Lawsuit Accuses Conagra of Shirking Pension Benefits - Andrew Oringer, PLANSPONSOR, February 16, 2023 (PDF)
Was the DOL FAQed Out and Rolled Over? Second Court Rejects DOL’s Interpretation of ERISA’s Fiduciary Rule
By Andrew Oringer Two recent federal courts, in Carfora v. TIAA, No. 1:21-cv-08384 (S.D.N.Y. Sept. 27, 2022) and American Securities Association [“ASA”] v. U.S. Department of Labor, No....
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities – Marcia Wagner, 401(k) Advisor, February, 2023
District Court Once Again Invalidates No Surprises Act Regulations
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act directs the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) to establish a Federal...
Federal Judge Strikes Down DOL Rollover Advice Guidance
Federal Judge Strikes Down DOL Rollover Advice Guidance - Andrew Oringer, PLANSPONSOR, February 14, 2023 (PDF)
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight - Thomas Clark, Jr., National Association of Plan Advisors, February 13, 2023 (PDF)
Employee Benefit Plans
Employee Benefits Plans - Barry Salkin, contributing author, Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business, ALM
Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employees
Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employee - Marcia Wagner, Dannae Delano, Alexander Olsen, Kim Shaw Elliott and Barry Salkin,...
Patients Down, But Not Out, After 9th Circ. Benefits Ruling
Patients Down, But Not Out, After 9th Circ. Benefits Ruling - Andrew Oringer, Law360, February 3, 2023 (PDF)
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo - Marcia Wagner, MarketWatch, January 31, 2023 (PDF)
Expectations of the Fiduciary and Retrospective Review
Expectations of the Fiduciary and Retrospective Review - Stephen Wilkes, panelist, National Society of Compliance Professionals (NSCP) Virtual Educational Seminar, May 3, 2023 - Click here for details
Rule Proposes Removing Moral Exemption to Contraception Mandate
Rule Proposes Removing Moral Exemption to Contraception Mandate - Marcia Wagner, SHRM, January 30, 2023 (PDF)
Free Webinar – Quiet Quitting and Quiet Firing: Is It Happening at Your Company
Quiet Quitting and Quiet Firing: Is It Happening at Your Company? - The Wagner Law Group webinar, panelists David Gabor, Katherine Brustowicz, February 22, 2023, 1:00 - 1:45 PM (EST) - Click here...
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0 - Marcia Wagner, 401(k) Specialist, January 30, 2020 (PDF)
DOL “Clarifies” Guidance on the Bonding Requirements to PEPs and their Pooled Plan Providers
DOL "Clarifies" Guidance on the Bonding Requirements to PEPs and their Pooled Plan Providers - Marcia Wagner, 401(k) Advisor, Vol. 30, No. 1, January 2023
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases - Andrew Oringer, PLANSPONSOR, January 24, 2023 (PDF)
Who’s Liable When a Plan Participant is a Victim of Identity Theft
By Jordan Mamorsky and Barry Salkin Because of the scarcity of case law and regulatory guidance on the issues, any case that analyzes the liability of ERISA plan sponsors and service providers...
Proposed IRS Regulations Would Make Permanent the Availability of Remote Spousal Consent Elections
By Barry Salkin Longstanding Internal Revenue Service (“IRS”) regulations with respect to spousal consent to a waiver of benefits require an election to be witnessed in the physical presence of a...
Potential Fallout from the SEC’s Late Trading Rule Revival
Potential Fallout from the SEC’s Late Trading Rule Revival - Marcia Wagner, NAPA, January 10, 2023 (PDF)
Fiduciary Litigation Year in Review
Fiduciary Litigation Year in Review - Christopher Suh, panelist, Boston Probate & Estate Planner Forum seminar, Union Club, Boston, MA, February 1, 2023
Family Law Trilogy 2023 – Fiduciary Litigation Year in Review
Family Law Trilogy 2023 - Fiduciary Litigation Year in Review - Christopher Suh, panelist, Social Law Library live CLE webinar, January 25, 2023, 4:00 - 6:00 PM (EST) - Click here for details
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, panelist, Strafford live CLE webinar, January 25, 2023 1:00 - 2:30 PM (EST) - Click here for details
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation - Marcia Wagner, PLANADVISER, January 9, 2023 (PDF)
ESOP Plan Faces Retirement Records Lawsuit
ESOP Plan Faces Retirement Records Lawsuit - Andrew Oringer, PLANSPONSOR, January 5, 2023 (PDF)
Congress Enacts Respect for Marriage Act
By, Barry Salkin, Roberta Watson and Jon Schultze n the ordinary course, we would not be advising clients that a statute that a Supreme Court held unconstitutional nine years ago was being removed...
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop - Ari Sonneberg, RIZBiz, January 3, 2023 (PDF)
Attorney Andrew Oringer Joins The Wagner Law Group
Attorney Andrew Oringer Joins The Wagner Law Group - January 2, 2023
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
Secure Act 2.0 Brings a Litany of Retirement Changes
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the...
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA - Dannae Delano, Barry Salkin and Roberta Casper...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford live CLE webinar, January 4, 2023, 1:00 - 2:30 PM (EST) - Click here for...
Superseding Cause Under ERISA
Superseding Cause Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 35, No. 4, Winter 2022
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations – Marcia Wagner, 401(k) Advisor, November-December, 2022
DOL “Clarifies” Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
By Stephen Wilkes, Seth Gaudreau and Susan Rees A recent Information Letter from Eric Berger, Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations...
Webinar: Year-End Planning for Benefit Professionals
Year-End Planning for Benefit Professionals - Marcia Wagner, presenter, webinar for Western Pension & Benefits Council, November 30, 2022, 2:00 - 4:00 PM (EST). - PowerPoint presentation...
DOL’s New ESG Rule ‘Unremarkable’
DOL’s New ESG Rule ‘Unremarkable’ - Marcia Wagner, Forbes, November 23, 2022 (PDF)
Department of Labor Proposes Updates to the Voluntary Fiduciary Correction Program
In 2002, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) established the Voluntary Fiduciary Correction Program (“VFCP”), a free program designed to...
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents - Marcia Wagner, Financial Advisor Magazine, November 18, 2022 (PDF)
IRS Announces Expansion of Change in Status Rules for Cafeteria Plans
One of the basic rules under which cafeteria plans operate is that elections are irrevocable except in certain limited circumstances. Further, even when those limited circumstances apply, the change...
IRS to Permit Determination Letters in Limited Circumstances for Individually Designed Code Section 403(b) Plans
Historically, an important element of compliance for tax-qualified plans under Code Section 401(a) or 403(a) was the submission of a request for a favorable determination letter on the form of the...
Why the Crypto Collapse Matters
Why the Crypto Collapse Matters - Marcia Wagner, New York Times, November 17, 2022 (PDF)
Free Webinar: Dealing with Difficult Employees
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). CLICK HERE FOR RECORDING Georgina has been having...
Arbitration of ERISA Plan Disputes
Arbitration of ERISA Plan Disputes - Jordan Mamorsky and Barry Salkin, Lexis Nexis Practical Guidance® Practice Note, November 2022
Does It Ever Make Sense To Borrow From Your 401(k)?
Does It Ever Make Sense To Borrow From Your 401(k)? - Marcia Wagner, Forbes, November 7, 2022 (PDF)
Don’t Let ROBS Steal Your Retirement
Don't Let ROBS Steal Your Retirement - Marcia Wagner, Forbes, November 3, 2022 (PDF)
SEC’s Proposed Outsourcing Rule Could Be Hardest on Small Advisers
SEC’s Proposed Outsourcing Rule Could Be Hardest on Small Advisers - Marcia Wagner, PLANADVISER, November 2, 2022 (PDF)
Pension Investing and Climate Change
Pension Investing and Climate Change - Israel Goldowitz, Presenter, 12th Annual Employee Benefits and Social Insurance Conference Boston University School of Law, November 4 - 5, 2022, Boston, MA -...
How To Use Your 401(k) Funds To Start A Business
How To Use Your 401(k) Funds To Start A Business - Marcia Wagner, Forbes, November 1, 2022 (PDF)
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed - Marcia S. Wagner and Kim Shaw Elliott, Investment & Wealth Institute, September/October 2022
Delaware Law Expands Access to Retirement Plans
Delaware Law Expands Access to Retirement Plans - Marcia S. Wagner, SHRM, October 28, 2022 (PDF)
Recent Successful Challenges to IRS Actions and Positions
Recent Successful Challenges to IRS Actions and Positions - Barry Salkin, New York University 2022 Review of Employee Benefits and Executive Compensation
IRS Issues Important Guidance with respect to Required Minimum Distribution Regulations
By Jon Schultze and Barry Salkin The SECURE Act made significant revisions to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9) that apply to defined...
Agencies Request for Comments on Issues Related to New Disclosures Under the No Surprises Act Indicate the Importance of Informing Marginalized Populations and Maintaining Privacy of Advance Health Care Information
By Roberta Casper Watson, Dannae Delano and Barry Salkin It should come as no surprise that most Americans do not have the information available to them that is necessary to make informed decisions...
IRS Announces 2023 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2023 in Notice...
Should The SEC Ban ESG Funds?
Should The SEC Ban ESG Funds? - Marcia Wagner, Forbes, October 12, 2022 (PDF)
Federal Appeals Court Offers Fiduciary-Risk Comfort to Plans
Federal Appeals Court Offers Fiduciary-Risk Comfort to Plans - Stephen Rosenberg, Pensions & Investments, October 3, 2022 (PDF)
Pension Issues in Restructuring and Bankruptcy
Pension Issues in Restructuring and Bankruptcy - Israel Goldowitz, Panelist, 21st Annual Advance Restructuring & Plan of Reorganization Conference, November 14, 2022, New York, NY
Working With the PBGC
Working With the PBGC - Israel Goldowitz, Panelist, Conference of Consulting Actuaries 2022 Annual Meeting, October 16 - 19, 2022, Austin, TX
Free Webinar: Is Your Plan Ready for a DOL Audit – Recording Available
RECORDING AVAILABLE HERE Every year, the Department of Labor (DOL) and the Internal Revenue Service (IRS) perform thousands of audits on employee benefit retirement plans. Even under the best...
RS Announces New Pre-Audit Compliance Pilot Program
IRS Announces New Pre-Audit Compliance Pilot Program - Marcia Wagner, 401(k) Advisor, September 2022
Making Lemonade of Legal Lemons, New Wave of ERISA Class Actions Accuse Fiduciaries of ‘Imprudently’ Using Low-Fee, High-Rated Funds, Like BlackRock TDFs
Making Lemonade of Legal Lemons, New Wave of ERISA Class Actions Accuse Fiduciaries of 'Imprudently' Using Low-Fee, High-Rated Funds, Like BlackRock TDFs - Ari Sonneberg, RIABiz, September 22, 2022...
Conflicting Rulings Prompt Call for ERISA Guidance
Conflicting Rulings Prompt Call for ERISA Guidance - Jordan Mamorsky, Pensions & Investments, September 19, 2022 (PDF)
Challenging Unemployment Compensation Benefits: When Is It Worth It?
Challenging Unemployment Compensation Benefits: When Is It Worth It? - Katherine Brustowicz, SHRM, September 16, 2022 (PDF)
Department of Labor Updates Guidance on Independence of Qualified Plan Accountants
Plan sponsors of large employee benefit pension plans are familiar with the requirement of audited financial statements for annual reporting purposes. That requirement is discussed in the DOL’s...
Some Nonfiduciary Liabilty Issues After Harris Trust
Some Nonfiduciary Liabilty Issues After Harris Trust - Barry Salkin, Bloomberg Tax, Tax Management Compensation Planning Journal, September 2022
Pay for Performance 2022: From Disclosure to Execution … to Retention
By Mark Poerio Tight labor markets tend to sharpen loyalty issues, as employers compete for an edge by which to retain — and motivate — their key employees. It does not take rocket science to defuse...
Evaluating ARPA’s Impact, 1 Year Later
Evaluating ARPA’s Impact, 1 Year Later - Harold Ashner, PLANSPONSOR, September 1, 2022 (PDF)
How to Avoid Mistakes In Estate Planning
How to Avoid Mistakes in Estate Planning - Marcia Wagner, fiftyplus advocate, August 28, 2022 (PDF)
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design - Marcia Wagner and Barry Salkin, InvestSense, August 28, 2022 (PDF)
Should You Use The Roth Retirement Savings Option?
Should You Use The Roth Retirement Savings Option? - Marcia Wagner, Forbes, August 27, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions
Interaction Between FMLA and Mental Health Conditions - Marcia Wagner, 401(k) Advisor, July/August 2022
No Surprises in Agencies’ Reproposal of Independent Dispute Resolution Regulations on No Surprise Act Billing Arbitration
By Danae Delano, Roberta Watson and Barry Salkin Last November, we published a law alert regarding the first two rounds of regulatory guidance on the No Surprise Billing portion of the Consolidated...
RIA Wildfire Erupted on Twitter After Clarence Thomas Put Same-Sex Marriage on Conservative Hit List with ‘Roe v. Wade’
RIA wildfire erupted on Twitter after Clarence Thomas put same-sex marriage on conservative hit list with 'Roe v. Wade’ - Ari Sonneberg, RIABiz, August 25, 2022 (PDF)
A Guide to the SEC’s Reg BI Bulletins
A Guide to the SEC’s Reg BI Bulletins - Stephen Wilkes and Seth Gaudreau, PLANADVISER, August 25, 2022 (PDF)
Marcia S. Wagner Appointed to The New England Legal Foundation Massachusetts Advisory Council
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that Marcia Wagner, the firm’s founder and...
SEC Provides Further Guidance in its Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflict of Interest
By Stephen Wilkes and Seth Gaudreau The U.S. Securities and Exchange Commission (“SEC”) recently published a Staff Bulletin (the “Bulletin”) providing further fiduciary standards guidance for...
Labor Opinions are Fair Game for Litigation After Circuit Ruling
Labor Opinions Are Fair Game for Litigation After Circuit Ruling - Roberta Watson, Bloomberg Law, August 19, 2022 (PDF)
Nine Attorneys from The Wagner Law Group to be Recognized in 2023 Edition of The Best Lawyers in America©
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that nine of its attorneys will be...
McDonald’s Settles Lawsuit Over Deficient COBRA Notices
McDonald’s Settles Lawsuit Over Deficient COBRA Notices - SHRM, August, 17. 2022 (PDF)
HHS Again Proposes Nondiscrimination Regulations under Section 1557 of the Affordable Care Act
By Dannae Delano, Roberta Casper Watson and Barry Salkin Section 1557 of the Affordable Care Act (“ACA”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability...
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule - Financial Advisor IQ, August 11, 2022 (PDF)
Department of Labor (“DOL”) Proposes to “Update” QPAM Exemption
One of the most frequently used of the prohibited transaction class exemptions is Prohibited Transaction Class Exemption 84-14, which provides an exemption for Qualified Plan Asset Managers (the...
WEBINAR: Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel
Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel - Roberta Casper Watson, Strafford live CLE webnar, August 4, 2022, 1:00 - 2:30 M (EDT) -...
WEBINAR: Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators
Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford webinar, September 7, 2022, 1:00 - 2:30 PM...
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream?
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream? - Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
Legislative Landscape — What’s Ahead: 2022 NAPA D.C. Fly-In Forum
Legislative Landscape — What's Ahead - Tom Clark, co-panelist, 2022 National Association of Plan Advisors D.C. Fly-In Forum, Washington, D.C., July 26, 2022 - Click here for details
Wage and Hour Updates for Maine, New York, and New York City
By Katherine Brustowicz, David Gabor, Virginia Peabody I. Maine – Mandatory Vacation Payout Upon Separation from Employment Maine will follow Massachusetts’ lead in implementing mandatory vacation...
Multiemployer Plan Developments: PBGC Final Rule on Special Financial Assistance and Withdrawal Liability Actuarial Assumptions Litigation
By Dannae Delano and Israel Goldowitz On July 8, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) issued its Final Rule (the “Final Rule”) implementing the American Rescue Plan Act of 2021...
Marilyn Mosby’s Expert Witness in Criminal Trial Previously Described Her Actions as ‘Quite Dumb’
Marilyn Mosby’s Expert Witness in Criminal Trial Previously Described Her Actions as ‘Quite Dumb’ - Marcia Wagner, The Baltimore Sun, Jluy 18, 2022 (PDF)
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits - Ari Sonneberg, RIABiz, July 18, 2022 (PDF)
ERISA World Awaits Next EBSA Move on Proposed Restrictions on the Prohibited Transaction Exemptions Process
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (“DOL”) published its proposed amendments to regulations for the procedures by...
Employer Responses to Overturning of Roe v. Wade
Employer Responses to Overturning of Roe v. Wade - Roberta Casper Watson and Dannae Delano, LexisNexis Practical Guidance, July 11, 2022
Massachusetts and Vanguard Group Reach Interesting Settlement that Gives the $8-trillion Manager a Shot at Avoiding 49 copycat Suits
Massachusetts and Vanguard Group Reach Interesting Settlement that Gives the $8-trillion Manager a Shot at Avoiding 49 copycat Suits - Ari Sonneberg, RIZBiz, July 8, 2022 (PDF)
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs - Roberta Watson, ADVISORHUB, July 7, 2022 (PDF)
Mandated Benefits: 2022 Compliance Guide Mid-Year Update
Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Katherine Brustowicz, Dannae Delano, David Gabor, Virginia Peabody, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer,...
Asset Managers Affirm They’ll Pay for Travel
Asset Managers Affirm They'll Pay for Travel - Marcia Wagner, Pensions & Investments, July 4, 2022 (PDF)
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors - Marcia S. Wagner, Mark Greenstein and John Sohn, Bloomberg Law Compensation Planning Journal, July 1, 2022 (PDF)
Grayscale Investments is Suing the SEC to Get its ETF Approved but Bitcoin’s Swoon Means ‘Public Sympathy’ May Swing in Favor of the Regulator
Grayscale Investments is Suing the SEC to Get its ETF Approved but Bitcoin's Swoon Means 'Public Sympathy' May Swing in Favor of the Regulator, a Rules Lawyer Says - RIABiz, July 1, 2022 (PDF)
Employers Providing Abortion Benefits Should Address Compliance Questions
Employers Providing Abortion Benefits Should Address Compliance Questions - Roberta Watson, SHRM, June 29, 2022 (PDF)
Employer Responses to Overturning of Roe v. Wade
Many employers are considering how to respond to the recent ruling overturning Roe v. Wade, which has given states the leeway to outlaw abortion. Employers may have employees who are on either side...
ERISA Considerations in Using Brokerage Window Investing
ERISA Considerations in Using Brokerage Window Investing - Marcia Wagner, 401(k) Advisor, May/June 2022
WEBINAR: Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA
Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting...
NYU’s Victory in ERISA Battle Hinged on Expert Witnesses
NYU's Victory in ERISA Battle Hinged on Expert Witnesses - Marcia Wagner, Law360, June 16, 2022 (PDF)
Required Minimum Distribution Modifications Applicable to Defined Benefit Plans as Well
While most of the attention was on how the IRS’s proposed regulation would address tax-qualified defined contribution plans and IRAs, the IRS also took the opportunity to update the existing...
Understanding the IRS’ New Pre-Audit Letter Program
Understanding the IRS’ New Pre-Audit Letter Program - Dannae Delano, PLANSPONSOR, June 13, 2022 (PDF)
Significant New Corrections Opportunities Stem From IRS Program
Significant New Corrections Opportunities Stem From IRS Program - Dannae Delano, PLANADVISER, June 13, 2022 (PDF)
Companies Urged to Review Abortion Coverage With Roe in Balance
Companies Urged to Review Abortion Coverage With Roe in Balance - Roberta Watson, Bloomberg, News, June 8, 2022 (PDF)
IRS Announces ‘Pre-Audit’ Retirement Plan Pilot Program
IRS Announces ‘Pre-Audit’ Retirement Plan Pilot Program - Dannae Delano, 401(k) Specialist, June 7, 2022 (PDF)
IRS Announces New Pre-Audit Compliance Pilot Program
Last week, the IRS announced via newsletter a new pre-audit compliance opportunity for employer-sponsored retirement plans selected for audit beginning immediately (the “Pilot Program”). Under the...
Important Pension Issues Likely to Surface: Webinar
Important Pension Issues Likely to Surface - Israel Goldowitz and Stephen Wilkes, panelists, American Bankruptcy Institute webinar, June 13, 2022 - Click here for details
DOL Proposes Tougher Prohibited Transaction Exemption Procedures
DOL Proposes Tougher Prohibited Transaction Exemption Procedures - Stephen Wilkes and Mark Greenstein, Bloomberg Tax, June 6, 2022 (PDF)
The Democratization of Alternative Investments in 401(k) Plans
The Democratization of Alternative Investments in 401(k) Plans - Thomas Clark, Jr., Lord Abbett, June 6, 2022 (PDF)
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
Accident and the Presumption Against Suicide Under ERISA; Benefits Law Journal
Accident and the Presumption Against Suicide Under ERISA - Barry Salkin, Benefits Law Journal, Summer 2022, Vol. 35, No. 2 (PDF)
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures - May 31, 2022
Work Product in ERISA Context
Work Product in ERISA Context – Barry Salkin, Benefits Law Journal, Spring 2022, Vol. 35, No. 1 (PDF)
Fiduciary Laws Pension Trustees Should Know: Speaking Engagement
Fiduciary Laws Pension Trustees Should Know - Marcia Wagner, speaker, National Conference on Public Employee Retirement Systems Annual Conference & Exhibition, May 22, 2022 - More details here -...
Retirement Industry People Moves
Retirement Industry People Moves – John Sohn, PLANSPONSOR, May 6, 2022 (PDF)
Elizabeth Warren Taken to Task by Experts for ‘Misplaced,’ ‘Misinformed’ and Ultimately Toothless Letter to Fidelity’s Abby Johnson, Criticizing Firm’s New Bitcoin-Inclusive 401(k) Menus
Elizabeth Warren Taken to Task by Experts for ‘Misplaced,’ ‘Misinformed’ and Ultimately Toothless Letter to Fidelity’s Abby Johnson, Criticizing Firm’s New Bitcoin-Inclusive 401(k) Menus – Marcia...
Are You Ready for the SEC’s New Marketing Rule?
Are You Ready for the SEC’s New Marketing Rule? – Seth Gaudreau and Steve Wilkes, National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
White Paper: SEC Marketing Rule
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found...
November SEC Advertising Rule Compliance Date Fast Approaching
November SEC Advertising Rule Compliance Date Fast Approaching – Seth Gaudreau and Steve Wilkes, PLANADVISER, May 5, 2022 (PDF)
Are Brokerage Windows an Effective Way of Limiting Fiduciary Risk After Hughes v. Northwestern?
In Hughes v. Northwestern University, 142 S.Ct. 737 (January 24, 2022), the Supreme Court held that fiduciaries to self-directed defined contribution retirement savings plans are responsible for...
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk?
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
Wagner Law Lures ERISA Expert Back From BNY Mellon
Wagner Law Lures ERISA Expert Back From BNY Mellon – John Sohn, Law360 May 3, 2022 (PDF)
Attorney John Sohn Returns to The Wagner Law Group
Attorney John Sohn Returns to The Wagner Law Group - May 2, 2022 Law News Torday; Finance Industry Today; Massachusetts Business Journal; BenefitsLink
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up – Roberta Watson, Bloomberg News, April 29, 2022 (PDF)
White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended...
Plain, Ordinary Meaning v. Literal Meaning
Plain, Ordinary Meaning v. Literal Meaning – Barry Salkin, Journal of Deferred Compensation and Benefits: Nonqualified Plans and Deferred Compensation, Vol. 27, n0. 3, Spring 2022 (PDF)
Longstanding IRS Administrative Practice Invalidated
When agencies take controversial regulatory actions, it can be anticipated that those actions will be challenged in federal district courts as soon as they become operative, if not before. In other...
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly – Marcia Wagner, CNBC, April 16, 2022 (PDF)
IRS Issues Proposed Regulations for Required Minimum Distributions Under the SECURE Act
The SECURE Act (the “Act”) made two major changes to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9): it extended the required beginning date for...
IRS Issues Proposed Regulation to Give SECURE Act MEPS “Bad Apple” Relief
On March 28, 2022, the IRS issued a notice of proposed rulemaking to add a new section - 26 CFR section 1.413-3 Special Rules for Section 413(e) Plans - to the Code of Federal Regulations (CFR). 87...
Webinar – Mandates Beyond the Advisers Act: Anti-Money Laundering, ERISA and ’34 Act Section 13 Reporting for Investment Advisers
Click here for details
Grayscale CEO’s Threatened Lawsuit Against the SEC, in Case it Rejects His Firm’s Spot-Bitcoin ETF Application
Grayscale CEO’s Threatened Lawsuit Against the SEC, in Case it Rejects His Firm’s Spot-Bitcoin ETF Application – Ari Sonneberg, RIABiz, April 1, 2022 (PDF)
Rhode Island Employment Law 2022
Rhode Island Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More National Business Institute (NBI) Live Online Seminar May 26, 2022...
Forthcoming Developments and Employee Benefits – RightBRIDGE Summit
Forthcoming Developments and Employee Benefits - Marcia Wagner, RightBRIDGE Summit, sponsored by CapitalROCK, March 24, 2022 - PowerPoint presentation available here
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware: Don’t Let a Mismatch between Your State’s Tax Laws and the Federal Rules for Deducting Contributions Result in Overpaying Your State Tax...
Event – Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation
Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation - Christopher Suh, panelist, Massachusetts Continuing Legal Education (MCLE) 23rd Annual Estate...
ERISA Considerations In Using Brokerage Window Investing – LAW360
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
People on the Move: International Women’s Month
People on the Move: International Women’s Month – Marcia Wagnr, Boston Business Journal, March 8, 2022 (PDF)
People on the Move: International Women’s Month
People on the Move: International Women’s Month – Boston Business Journal, March 8, 2022 (PDF)
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves - Co-author, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue...
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves – Marcia Wagner and Barry Salkin, Bloomberg Tax Management Compensation Planning...
Mandatory Arbitration Prohibited for Sexual Harassment Claims
On February 7, 2022, the House passed H.R. 4445, three days later the Senate also passed the measure, and President Biden has just signed the bill into law. H.R. 4445, titled Ending Forced...
Retirement Plans: 2022 Opportunities
Retirement Plans: 2022 Opportunities – Marcia Wagner, 401(k) Advisor, February 2022
409A Checklist for Employment Agreements
It has been over 15 years since Congress enacted Internal Revenue Code §409A, and compliance has become generally routine for traditional deferred compensation and other non-qualified plans. Most...
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits – Marcia Wagner, SHRM, February 11, 2022 (PDF)
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to ‘Schwab’
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to ‘Schwab’ – Ari Sonneberg, RIABiz, February 8, 2022 (PDF)
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
New York is About to Force a Lot of Insurer Salary Data Into the Open
New York is About to Force a Lot of Insurer Salary Data Into the Open – Katherine Brustowicz, Life Annuity Specialist, February 4, 2022
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options – Marcia Wagner, Barrons, February 4, 2022 (PDF)
DOL “Clarifies” Guidance on Private Equity Investments In Defined Contribution Plans
It has been a frequently stated observation that the policy position of the Department of Labor (“DOL”) on pension issues may vary a bit with the party occupying the White House. A recently issued...
Caution Clients Against IRA Asset Class Mistakes
Caution Clients Against IRA Asset Class Mistakes – Barry Salkin, PLANADVISER, February, 1, 2022 (PDF)
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases – Marcia Wagner, 401(k) Specialist, February 1, 2022 (PDF)
Tax Court Rejects Aggressive IRA Strategy
View Printable PDF In recent years, the IRS has paid increased attention to what it regards as impermissible uses or operation of individual retirement accounts (“IRAs”). The recent Tax Court case...
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard – Marcia Wagner, SHRM, January 28, 2022 (PDF)
SEC Expects to Focus on Cybersecurity in 2022
The U.S. Securities and Exchange Commission (“SEC”) has focused on cybersecurity under the Biden administration and it is expected to be one of its top priorities for the coming year. The SEC’s...
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills – Marcia Wagner, Financial Planning, January 26, 2022 (PDF)
Cybersecurity A Major SEC Focus in 2022
Cybersecurity A Major SEC Focus in 2022 - Seth Gadreau and Stephen Wilkes, 401(k) Specialist, January 26, 2022 (PDF)
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability?
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability? – Marcia Wagner, FiduciaryNews, Januaey 25, 2022 (PDF)
Stephen P. Wilkes Appointed as Chief Legal Officer of The Wagner Law Group
We are delighted to announce that partner, Stephen P. Wilkes, has been designated as our firm’s Chief Legal Officer. Excellent leadership structure is vital as our firm continues to grow, and Steve...
Department of Labor Announces Temporary Enforcement Policy for Group Health Plan Service Provider Disclosures
By Roberta Casper Watson, Dannae Delano and Barry Salkin The Consolidated Appropriations Act, 2021 (“CAA”) amended Section 408(b)(2) of ERISA to require that providers of brokerage services or...
DOL ‘Clarifies’ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
DOL ‘Clarifies’ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers – Marcia Wagner, 401(k) Advisor, January, 2023
FREE WEBINAR: Top HR & Employment Law Issues for the Coming Year
RECORDING AVAILABLE BY CLICKING HERE Please join David Gabor and Katherine Brustowicz, with introduction by Marcia S. Wagner, on January 26, 2022, for a one-hour presentation addressing...
Entire Keightley & Ashner Team to Join The Wagner Group
Entire Keightley & Ashner Team to Join The Wagner Group – January 12, 2022 Today in Law; Massachusetts Business Journal; Finance Industry Today; BenefitsLink
HHS Reaffirms That Discrimination on Basis of Sex Under ACA Section 1557 Includes Discrimination Based on Sexual Orientation and Gender Identity
By Roberta Casper Watson, Dannae Delano and Barry Salkin New guidance from the Department of Health and Human Services (“HHS”) affirms that Section 1557 of the Affordable Care Act (the “ACA”), by...
Who’s watching the money?
Who’s watching the money? – Marcia Wagner, Chicago Business Journal, January 4, 2022 (PDF)
Prepare for Shot-or-Test Mandate Inspections
Earlier this week a Federal Court panel revived the Covid-19 emergency temporary standard (ETS). Now, litigation challenging the emergency shot-or-test mandate is making its way to the United States...
Agencies Issue Interim Final Regulations on Prescription Drug and Health Care Spending Data Submission by Group Health Plans and Health Insurance Issuers
Section 204 of Title II of Division BB (“Section 204”) the Consolidated Appropriations Act, 2021 (the “Act”) requires group health plans and health insurance issuers offering group health insurance...
Is PBGC Adding “Early Warning” and “Follow-On” to its Toolbox for Multiemployer Plans?
By Israel Goldowitz Corporate sponsors of defined benefit pension plans may be familiar with the Pension Benefit Guaranty Corporation’s (PBGC) Early Warning program and its Follow-on policy. Under...
IRS Proposes Delayed Effective Dates for Affordable Care Act (“ACA”) Filing Requirements
The IRS has, in years past, extended deadlines for employer and group health plan ACA reporting. The IRS will not issue extended deadlines for 2021 reporting due in the first quarter of 2022. In...
Retirement Plan Post-2021 Opportunities
By Jon Schultze Employers and plan sponsors of retirement plans need to be aware of some responsibilities and opportunities that are available as we head into 2022. Adopting a New Plan – Employers...
Agencies Issue Two Rounds of No Surprise Billing Guidance
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act (“Act”), part of the Consolidated Appropriations Act, 2021, enhances the ACA’s consumer protections by prohibiting...
Year End Reminders for Retirement Plans 2021 Edition
As the end of 2021 approaches, employers and plan sponsors of retirement plans need to be aware of their year-end responsibilities and some of the issues they will need to consider going into 2022....
The Fiduciary Rule Rides Again
The Fiduciary Rule Rides Again - Stephen Wilkes, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) - Recording available here
Retirement Plans in Bankruptcy
Retirement Plans in Bankruptcy - Thomas Clark, Jr., Israel Goldowitz and Jordan Mamorsky, Thomson Reuters Practical Law, November 5, 2021
Misuse of Participant Confidential Data
As we explained in our recent Law Alert, the Department of Labor (“DOL”) has become highly focused on the cybersecurity practices of plan sponsors and their service providers and has begun asking...
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners - Km Shaw Elliott, InsuranceNewsNet, October 22, 2021
What Mandatory Auto-Enrollment IRAs Actually Mean
What Mandatory Auto-Enrollment IRAs Actually Mean - Izzy Goldowitz, Mark Greenstein and Jon Schultze, 401(k) Specialist, October 16, 2021 (PDF)
Pooled Employer Plans
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 2
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 1
IRS Updates Guidance Regarding Correction of Tax-Qualified Plan Errors under the Employee Plans Compliance Resolution System (EPCRS)
Mistakes happen, even with respect to tax-qualified plans and 403(b) plans that have implemented internal controls designed to reduce, if not eliminate, the likelihood of plan failures. Under the...
Some Additional Standing Issues Under ERISA
SEC Extracts $96M Settlement from TIAA Subsidiary for Rollover Practices – This is Only the Beginning
The Securities and Exchange Commission (“SEC”) beat the Department of Labor (“DOL”) to the punch and announced a major settlement with a broker dealer arising from its rollover practices. In what is...
Best Practices for Promoting a Positive Work Environment for Multigenerational Workforces
Recording available here
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 2
Liability-Driven Investing and Other De-risking Strategies for Pension Plans
View Printable PDF This practice note discusses defined benefit plan de-risking techniques that defined benefit plan sponsors can use to manage the volatility inherent in defined benefit plan...
Disclosure to Welfare Plan Participants: A Fiduciary Duty
View Printable PDF Introduction When ERISA was enacted in 1974, its primary focus was on employee pension plans, which is understandable since its enactment was a response to highly publicized...
Staying One Step Ahead: Advice for Employers in Addressing Anticipated Biden Administration Actions in the Employment Arena
Recording Available Here
PEPs Will be Up and Running by January 1, 2021
View Printable PDF On November 16, 2020, the U.S. Department of Labor (DOL) issued a final rule at 85 Federal Register 72934, providing an electronic filing procedure for interested entities to meet...
Hiring and Promotions: Tips To Help Employers Avoid Legal Minefields
Recording Available Here
More Investors Qualify to Purchase Unregistered Securities… But What Will the Expanded Definition of “Accredited Investor” Really Change for BDs and RIAs?
By Kimberly Shaw Elliott Registered representatives and investment adviser representatives may soon purchase for themselves the unregistered products they recommend to other investors, without proof...
IRS Issues Guidance on Qualified Birth or Adoption Distributions
View Printable PDF By Barry Salkin and Livia Quan Aber In 2020, most of the IRS guidance with respect to employee benefit plans has addressed issues arising under the CARES Act, but in recently...
How Employers Can Create Effective Diversity and Inclusion Initiatives
Recording available here
Roundtable Discussion on Effective Work-Related Communication
Recording available here
Paycheck Protection Program Flexibility Act of 2020 Passes Senate
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Paycheck Protection Program (“PPP”), which was enacted as part of the CARES Act, allows businesses to borrow funds that are guaranteed...
Employee Retention Tax Credit Under the CARES Act
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Families First Coronavirus Response Act (the “FFCRA”) established tax credits under the Emergency Paid Sick Leave Act and the Emergency...
Return-To-Work: Creating a Viable Playbook
Recording available here
Planning in the Age of a Pandemic: Estate Planning and CARES Act Considerations
Planning in the Age of a Pandemic: Estate Planning and CARES Act Considerations – Regina Mandl and Barry Salkin, The Wagner Law Group Free Webinar, May 6, 2020, 2:00 PM (ET) –Recording available...
Reducing Legal Risk: Protecting Against Claims Stemming from COVID-19
Recording available here
REG BI Compliance Deadline; Financial Relief Considerations for RIA Firms
By Stephen Wilkes, Livia Quan Aber and Seth Gaudreau I. The SEC Will Not Delay Reg BI and Form CRS Compliance Date Last week, the U.S. Securities and Exchange Commission (“SEC”) Chairman, Jay...
The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions
by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The...
PANDEMIC and Broker-Dealer/Recordkeepers and Advisors… Chances Are, Your Business Continuity Plan Did Not Fully Address This…
By Stephen Wilkes, Kimberly Shaw Elliot and Seth Gaudreau In uncertain times like these where the novel coronavirus or COVID-19 seems to be impacting everything, broker-dealers, investment advisory...
Withdrawals and Loans from Defined Contribution Retirement Plans
View Printable PDF In reaction to the current volatility in the economy due to the coronavirus pandemic, we have been receiving a large number of questions from defined contribution plan sponsors...
The Families First Coronavirus Response Act
by Roberta Watson, Barry Salkin and Virginia Peabody Effective no later than April 2, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave...
SEC Proposed Amendments to Advertising and Solicitation Rules
In early November 2019, the Securities and Exchange Commission ("SEC") released proposed amendments to the advertising rule and solicitation rule under the Investment Advisers Act of 1940 ("Advisers...
10 Steps Employers Should Follow When Faced With Requests for Leave or Accommodation
Recording available here
Being Smart About M&A-Related Benefit Plan and Employment Issues
Recording available here
Rabbi Trusts – When to ask. What to get.
By Mark Poerio A recent Law360 headline brought rabbi trusts immediately to mind. It reads "Ex-Manufacturing Co. CEO Says He's Owed $4.4M in Benefits" (4/10/2019).* Litigation sprung because the...
Holiday Parties: Celebrate Safely!
Recording available here
Duty Of Loyalty
View Printable PDF
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants – David Gabor and Mark Poerio, Webinar, August 28, 2018, 12:00 PM – 1:00 PM...
Fiduciary Implications Of Flexible Retirement Income Solutions With Fiduciary Checklist and Q&A
View Printable PDF Executive Summary Although comprehensive retirement income solutions may be top of mind, partial solutions used on their own, or in combination with other retirement income...
Sexual Harassment: What You Need to Know to Protect Your Company and Your Employees
Watch David's Presentation here
Tax Cuts and Jobs Act; The New Federal Divorce Law
This article, authored by Regina Mandl, Esq. and quoting Barry Salkin, Esq., was published in the February 26, 2018 issue of Massachusetts Lawyers Weekly. I never have had a client who has said that...
Office Holiday Parties: A Time For Cheers, Not Tears
Office Holiday Parties: A Time For Cheers, Not Tears - David Gabor, Employment Law Webinar, November 19, 2015 - View David Gabor's presentation here
Top Ten Lessons Learned from American Apparel
Mergers & Acquisitions: A Checklist from the Employment & Benefits Law Perspective
View the presentation here
Tactical Asset Allocation & ERISA Plans: Best Practices for Finding the Right Strategy for Plan Participants
View Printable PDF I. Introduction – Plan Fiduciaries and Tactical Asset Allocation Looking for ways to stabilize returns and manage downside risk, plan sponsor and investment advisor interest in...
Broader “Fiduciary” Definition: Legal Update
Broader “Fiduciary” Definition: Legal Update, byallaccounts, February 2013
What Trustees in Bankruptcy Need to Know About Pension Plans
View Printable PDF On September 18, 2013, PenChecks Trust hosted “What Trustees in Bankruptcy Need to Know About Pension Plans,” an online seminar as part of its 2013 Expert Series. The session...
How Changes in Leave Laws Impact Employers
View David Gabor's Webinar here