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If your company recently received a check from Blue Cross Blue Shield Association (BCBS), you may be wondering where it came from. You are not alone. The check likely relates to a class action suit filed in 2012, where plaintiffs alleged that BCBS and its affiliates violated federal antitrust laws by limiting competition. In 2020, BCBS agreed to settle ...

Consolidated Omnibus Budget Reconciliation Act (COBRA) compliance often gets treated as a “set it and forget it” administrative task, particularly when employers outsource to third-party administrators. But the legal obligation to provide compliant COBRA notices ultimately rests with the plan administrator, not the COBRA vendor. That ...

The conversation around alternative assets in 401(k) plans is gaining momentum, driven by regulatory developments, product innovation, and a growing willingness among plan sponsors to consider broader investment options. To understand where things stand—and where they may be headed—it helps to start with the ERISA framework that governs ...

The IRS recently released updated FAQs addressing educational assistance programs under Internal Revenue Code Section 127. While much of the guidance reflects existing rules, the updates incorporate recent legislative changes and provide helpful clarifications for employers that offer or are considering offering education benefits.

For years, employers have treated fiduciary governance as a retirement‑plan issue. Formal committees, documented processes, and ongoing oversight became standard in response to excessive fee litigation and regulatory scrutiny.  Health and welfare plans, for the most part, had been largely ignored.  That is now changing.

Recent ...

Recent federal court decisions vacating the Department of Labor’s (DOL) 2024 fiduciary rule have prompted a common and practical question from retirement plan service providers: Does this change affect whether we still need to rely on PTE 2020‑02 for non‑discretionary fiduciary advice? For providers acting as ERISA fiduciaries, the ...

Earlier this month, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026‑01, outlining new principles for how the agency will now approach ERISA enforcement. While styled as internal guidance for EBSA investigators, the bulletin signals where the DOL intends to ...

Employee Stock Ownership Plans (“ESOPs”) are powerful vehicles for business succession and employee ownership, but they operate under a tightly regulated framework. Because ESOPs are governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), they cannot function like typical corporate buyers or sellers. A ...

Retirement plan committee meetings are not the most glamorous part of plan governance. Minutes can feel like an administrative afterthought—something to finalize quickly and file away. But in today’s retirement plan litigation environment, committee meeting minutes are one of the most powerful tools a plan sponsor has to manage ...

Many employers offer popular pre-tax benefits such as health insurance premiums, health FSAs, and dependent care FSAs, assuming that running deductions through payroll on a pre-tax basis is enough. However, one critical component to offering these plans that is often overlooked is that these benefits generally must be offered pursuant to a ...

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