Author Archives: admin

Bank of America’s Forfeiture Case Survives Motion to Dismiss

One of my favorite movie scenes in Donnie Brasco is when Lefty and the crew bust open city parking meters for dimes because they’ve got to make their weekly nut. Sometimes, I feel like ERISA litigation is the same thing, … Continue reading

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Sentara Healthcare and the Perils of Fiduciary Oversight

When it comes to retirement plan litigation, the common theme I’ve noticed over the years is that lawsuits rarely die in the early rounds. A fiduciary’s best hope is to win on summary judgment or at trial, but a motion … Continue reading

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The problem of the de-conversion process

Years ago, back in law school, I was the Executive Editor of the student news magazine. It wasn’t the New York Times, but it was our little soapbox to gripe about professors, tuition hikes, and the lousy food in the … Continue reading

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Happy Clients Never Leave

In the retirement plan business, I’ve watched too many plan providers obsess over competitors—who’s stealing clients, who’s lowering fees, who’s suddenly offering “cutting-edge” solutions. But here’s the truth: if a plan sponsor is happy with their provider, they’re not going … Continue reading

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The Road to Hell… and Retirement Plans

One of my favorite sayings is: “The road to hell is paved with good intentions.” To me, it’s a reminder that even when we mean well, things don’t always turn out the way we hoped. A big part of what … Continue reading

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Let Young Workers Save—It’s About Time

If you’re old enough to flip burgers, serve coffee, or serve your country at 18, you should be able to save for retirement too. That’s why I fully support the bipartisan Helping Young Americans Save for Retirement Act (H.R. 4718). … Continue reading

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Private Equity in 401(k) Plans? Tread Carefully

Word on the street is that President Trump plans to issue an executive order promoting private equity and other private investments in 401(k) plans. While he can’t mandate it, he can certainly nudge it, and that’s exactly what’s expected. The … Continue reading

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Small Employers + PEPs: The DOL Wants Your Input

The Department of Labor’s Employee Benefits Security Administration (EBSA) just dropped an RFI (RIN 1210–AC10) and some limited guidance on pooled employer plans (PEPs), asking for public input, especially from small employers. If you’re a small business or work with … Continue reading

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When 401(k) Contributions Disappear: The Harsh Lessons of Micone v. iProcess Online, Inc.

You can cut corners in business. You can play fast and loose with your vendor contracts. You can even get away with sloppy recordkeeping—at least for a while. But when you mess with employee 401(k) contributions, you’re not playing games … Continue reading

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Why TPAs Shouldn’t Ignore SEP-IRAs—But Also Shouldn’t Stop There

If you’re a TPA and you’re not talking to your small business clients about SEP-IRAs, you’re missing the plot. But if you’re only talking about SEP-IRAs, you’re missing the opportunity. I’ve always said that plan providers, especially TPAs, need to … Continue reading

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