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...
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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 details and registration
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 Golodowitz, 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)