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The U.S. District Court for the District of Massachusetts has ruled, in Erban v. Tufts Medical Center, that an employer may violate its fiduciary duties by failing to inform a participant about vital plan information. Law. A person who is not a named fiduciary may...
By Jon Schultze and Barry Salkin On September 16, 2025, the Internal Revenue Service (“IRS”) issued final regulations providing guidance on changes made by the SECURE 2.0 Act of 2022 to the catch-up contribution provisions of the Internal Revenue Code (“Code”). Under...
A Current Look At Independent Fiduciaries Under ERISA - Stephen Wilkes, Journal of Pension Planning & Compliance, Vol. 51, No. 3, Fall 2025
Department of Labor Supports Employers in Forfeiture Allocation Litigation - Marcia Wagner, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, September, 2025
In Jackson v. U. S. Postal Service, the Court of Appeals for the Sixth Circuit has ruled that a medical certification under the Family and Medical Leave Act (“FMLA”) does not create a “hard cap” on the amount of unforeseeable, intermittent FMLA leave that may be taken...
In Platt v. Sodexo, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employer cannot create an arbitration requirement by unilaterally modifying an ERISA-covered group health plan. Instead, the employer must obtain consent from the relevant...
Blueprint for Success: Marcia Wagner’s Guiding Principles - Marcia Wagner, Trailblazers Webinar by Income Conductor, Tuesday, September 30, 2025 - Click here for recording
In Orabona v. Santander Banks, the U.S. Court of Appeals for the First Circuit confirmed the extent of ERISA preemption over state laws. Law. ERISA generally preempts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” A...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk - Marcia Wagner, Stephen Wilkes and Seth Gaudreau, 401(k) Advisor, July-August, 2025
4 Appellate Arguments for Benefits Attys to Watch in Sept. - Andrew Oringer, Law360, August 29, 2025 (PDF)