Lawdragon 100 Managing Partners You Need to Know 2025

Lawdragon has selected the firm’s co-founder and managing partner Sandra Cohen to its 2025 Lawdragon 100 Managing Partners You Need to Know guide.

Firm NewsCarol BuckmannApril 15, 2025

Presumed Guilty? The Cornell Decision Could Help Rein in Questionable ERISA Litigation

Will common sense prevail? The Supreme Court will be issuing an opinion on what plaintiffs must plead in their complaints in order to claim that plan service arrangements are prohibited transactions. A decision for defendants could rein in fishing expeditions.

Why Your Employee Benefit Plan Needs a Cybersecurity Policy

A written cybersecurity policy sets out the framework for fulfilling ERISA fiduciary responsibilities.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannJanuary 5, 2025ERISA, cybersecurity

A Benefits Wish List for 2025

Here’s a list of changes we’d like to see in 2025.

Fiduciary Advice, Qualified Retirement PlanCarol BuckmannDecember 8, 2024benefits wish list, ERISA, SECURE 2.0

The Supreme Court’s Rejection of Chevron Deference Could Upend Employee Plan Compliance

The Supreme Court’s recent decision ending deference to administrative agency interpretations of the law doesn’t mention ERISA, but it will have a big impact on employee benefit plans.

Qualified Retirement PlanCarol BuckmannJuly 5, 2024Chevron, regulations, compliance

ERISA at 50: The Development of New Rights and Protections and Where ERISA Has Fallen Short

Happy 50th Birthday, ERISA!. When ERISA was enactedin 1974, it provided new federal protections for plan participants. These protections have increased over the years, and spouses have gained greater rights. There have also been changes not foreseen by ERISA’s drafters such as the decline of single employer defined benefit plans. Though much progress has been made, this is also an appropriate time to consider where ERISA has fallen short.

In Defense of the 401(k) Plan

Critics have called the 401(k) plan a “failed experiment” and maintain that it does not provide retirement security to low and middle income employees. Does the 401(k) plan really deserve a failing grade? Recent developments suggest otherwise.

Qualified Retirement Plan, SECURE 2.0Carol BuckmannMay 27, 2024401k

Who Owns Plan Forfeitures? New Cases Challenge IRS Guidance

401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.

Is Your Plan Cyber-Secure? Fiduciaries and Vendors Face Ongoing Challenges

Plan fiduciaries need to secure in-house data and investigate their outside vendors’ procedures.

Mandatory Auto-Enrollment is Coming for Some Plans-What to Know

Most new plans will be required to have auto-enrollment and auto-escalation beginning in 2025. The “grab bag” guidance in Notice 2024-02 addresses how this requirement will be applied to mergers and spinoffs, but leaves other basic questions unanswered.

New Guidance Fills in the Blanks for Roth Employer Contributions

Clarification of the rules for electing Roth employer contributions should spur more plan sponsors and vendors to consider allowing them.

A Benefits Wish List for 2024

Here are some developments that could change things for the better in 2024.

Fiduciary Advice, SECURE 2.0, Qualified Retirement PlanCarol BuckmannDecember 17, 2023ERISA, secure2.0, fiduciaryduty

The Long Arm of ERISA Falls Short-How A Foreign Affiliate Escaped Liability

All members of a controlled group are liable under ERISA for plan termination and withdrawal liability, but in practice, it isn’t easy to get jurisdiction over foreign members.