In this article published May 24, 2023 by Law360, ERISA attorney Jeff Mamorsky explores the history of ERISA and why the underpinnings of ERISA are more important than ever.
Read MoreINSIGHTS
We share expert insights on executive compensation, retirement plans, fiduciary duties, and more.
Stay updated on the latest legal trends and practical advice for employers and executives.
Cohen & Buckmann’s ERISA and tax qualified plan offerings are expanded with the addition of prominent duo from Greenberg Traurig, Jeff Mamorsky and Terry Moore.
Read More
Plan committee turnover increases the likelihood of inadvertent errors. Inexperienced committee members may not make the best decisions. What can plan sponsors do?
Read More
SECURE 2.0 directs the Department of Labor to establish a national participant lost & found database. While this is step forward in trying to unite former participants with their benefits, Carol explains why plan fiduciaries won’t be able to rely completely on this new tool.
Read More
There were many important developments affecting plan sponsors and benefits professionals in 2022, and there is reason to expect more in 2023. Here is what to keep on your radar.
Read More
New regulations make ESG investing easier, but can’t close the political divide.
Read More
Several new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.
Read More
For RIAs that haven’t yet updated their Advertising and Marketing P&Ps, time is quickly running out. The compliance deadline for the new marketing rule is just weeks away and the SEC has set its sights on enforcement.
Read More
Carol tells Bloomberg Law why we need more guidance on liability when participant benefits are stolen by internet thieves.
Read More
Who is responsible when a thief steals a participant’s 401(k) account?
Read More
A recent Supreme Court decision on agency powers could affect Department of Labor guidance. Carol Buckmann explains the possible impact in this article.
Read More
Mandatory arbitration of ERISA claims could curb class action litigation, but open issues remain. Careful drafting is a must.
Read More
The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?
Read More
We still have no final word from the courts on the enforceability of ERISA mandatory arbitration provisions, but plan sponsors can increase the chances that their mandatory arbitration policies will be upheld by reviewing the reasoning in recent cases. That’s assuming that Congress doesn’t act.
Read More
Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.
Read More