Fiduciary Liability Critical in Russell Investments ERISA Case
Fiduciary Liability Critical in Russell Investments ERISA Case - Marcia Wagner, PLANSPONSOR, October 16, 2025 (PDF)
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Private Investments in 401(k)s
Private Investments in 401(k)s - Marcia Wagner, panelist, Francis live webinar, October 29, 2025, 1:00 PM (EDT) - Click here for recording
Employer May Be Liable for Silence on Benefit Provisions
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...
A Playbook on the IRS’s Final Regulations on the Roth Catch-Up Contribution Requirement Under the SECURE 2.0 Act
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
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
Department of Labor Supports Employers in Forfeiture Allocation Litigation - Marcia Wagner, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, September, 2025
Court Reviews FMLA Employee Certification and Notice Requirements
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...
Employer May Not Unilaterally Impose Arbitration Requirement
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
Blueprint for Success: Marcia Wagner’s Guiding Principles - Marcia Wagner, Trailblazers Webinar by Income Conductor, Tuesday, September 30, 2025 - Click here for recording
“End Run” Around ERISA Remedies Not Permitted
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...