What's Next for Non-Competes?
After a federal court ruled that the proposed non-compete ban should not go into effect, employers are no longer facing a September 4 deadline for action. But that does not mean they should go back to business as usual in employment practices.
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Cohen & Buckmann Attorneys Recognized in the 2025 Edition of The Best Lawyers in America®
The 2025 Best Lawyers rankings include five Cohen & Buckmann attorneys, recognized for their work in Employee Benefits (ERISA) Law in New York.
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Webinar: ERISA Plan Investment Committee Governance - Avoiding Breach of Fiduciary Duty Claims
On September 5, Carol Buckmann and Gretchen Harders will speak at a Strafford CLE webinar with interactive Q&A that will address the importance of appropriate and effective investment committee governance.
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Takeaways from Dismissal of Anti-ESG Lawsuit Against New York City Pension Funds
Lawsuits brought on behalf of anti-ESG activists have been dismissed, demonstrating that politically-motivated lawsuits may face obstacles.
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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.
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Chevron's Demise Creates Special Challenges for Defined Contribution Plans
The end of Chevron deference will make it difficult to tell which regulations are binding.
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How Will Chevron's Demise Affect Employee Benefits?
Prepare for even more uncertainty about the status of ERISA regulations.
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Celebrating 50 Years of ERISA: A Landmark in Employee Benefits Law
We are proud to have been a part of Worldwide Employee Benefits Network (WEB) celebration on the monumental 50th anniversary of ERISA! From its enactment in 1974 to the recent key provisions of SECURE 2.0 signed into law in 2022, employee benefits law has been on a transformative journey.
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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.
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Use of 401(k) Plan Forfeitures Continues to be Scrutinized in Litigation
A series of lawsuits have challenged how plan sponsors have used plan forfeitures to reduce employer contributions. In this interview, Carol Buckmann discusses the issues
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Top Five Equity Plan Mistakes Start-Ups and Tech Employees Make
Equity incentives are a major perk in the startup and tech world. They offer employees a chance to share in the company's success, but navigating the complexities of equity incentives can be tricky. Here are five common mistakes startups and their tech employees make.
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Nela Nite at Noon: Critical Considerations when Negotiating Executive Compensation upon Termination of Employment
Join executive compensation lawyer Sandra Cohen, Cohen & Buckmann, P.C., and employment counsel and litigator Kim Michael, of Harris St. Laurent & Wechsler LLP to discuss various executive severance scenarios including what’s negotiable and what’s not; equity compensation termination issues; severance and key questions for Section 409A compliance.
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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.
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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?.
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How Self-Auditing the Retirement Plan Prevents Compliance Issues Down the Line
The Department of Labor found many violations in retirement plan audits last year, likely because plan sponsors were not regularly self-auditing plan operations.
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