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By Israel Goldowitz With the economy and the securities markets roiled by trade wars, many businesses are no doubt considering the possibility of a recession. We might also expect a major increase in bankruptcy filings. That may require consideration of how ERISA and...
By Stephen Wilkes and Seth Gaudreau The retention of an independent fiduciary plays a critical role not only to resolve a conflict in a prohibited transaction sense, but to provide an appropriate method of effective risk allocation to plan fiduciaries who must...
by Eric Keller and Roberta Casper Watson The United States District Court for the Northern District of Texas declared earlier this month that a Department of Health and Human Services (“HHS”) regulation published in 2013 as part of the rulemaking for the Affordable...
by Mark Poerio From tariffs to cash flows, small business owners may feel that mid-2025 warrants attention to how key employees are compensated and retained. Formula-based bonuses may need refinement. It may also be timely to consider change-in-control retention...
By Eric Keller The White House and Republican leaders in the House of Representatives and Senate are in active discussions about how to pay for the expected extension of the Tax Cuts and Jobs Act of 2017 (“Jobs Act”) as well as the possible implementation of other tax...
by Harold Ashner and Israel Goldowitz On April 30, 2025, the American Bar Association (“ABA”) posted a summary of the May 1, 2024, meeting between representatives of the Pension Benefit Guaranty Corporation (“PBGC”) and representatives of the ABA’s Joint Committee on...
Florida PBM Audits Ensnare Self-Insured Employer Health Plans - Roberta Watson, Bloomberg Law, April 29, 2025 (PDF)
The U.S. District Court for the Middle District of Florida has ruled, in Marrow v. Carpenter Company, that a mere “good faith effort” to comply with COBRA’s notice requirements is an insufficient reason to dismiss a lawsuit from a former employee claiming that a...
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit - Thomas Clark, Jr., National Association of Plan Advisors, April 24, 2025 (PDF)
Jury’s Decision in Pentegra MEP Case Raises Questions About Service Provider Selection - Andrew Oringer, PLANSPONSOR, April 24, 2025 (PDF)