Monthly Archives: April 2021

Fidelity wins data as plan asset case

Fidelity won a huge case. Schlichter, Bogard & Denton brought a lawsuit on behalf of four participants in Shell Oil Co.’s 401(k) plan. While the case focused on excessive fees, it alleged that the use of participant data by Fidelity, … Continue reading

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Stick to the plan

When I first started out, I worked as an attorney affiliated with a third-party administration (TPA). The problem with this TPA that it had 4 main partners and two other employees who had small ownership interests; it was a tribe … Continue reading

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About my Bitcoin 401(k) opinion

A few weeks back, I offered my two cents on Bitcoin (and other crypto-currency) and why I thought they would be lousy investments in a 401(k) plan. I own Bitcoin and other crypto investments. I buy and sell NBA Top … Continue reading

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Don’t Cheat Employees On Their Retirement Plans

As I’ve stated before, I wouldn’t hire employees because I was an employee once too. That pretty much means that I never met an employee who thought they were overpaid. For that matter, I never met an employer who thought … Continue reading

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Be Careful Who You Hit On The Way Up

I worked at a number of places in the 11 years before I started my own law firm practice and I will vouch that I didn’t try to hurt or attack any of my co-workers. People maybe upset with some … Continue reading

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Tell them like it is

One of the big parts of my practice is assisting third-party administrators (TPAs) who can’t or don’t want to afford an ERISA attorney on staff. I recently had to answer correspondence regarding the payout of a participant who was deceased … Continue reading

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GAO says DOL has work to do on cybersecurity

The U.S. Government Accountability Office (GAO) asked the Department of Labor (DOL) to step up protections for participants in retirement plans against the growing threat of cyber theft. In a report on the cybersecurity of the nation’s private retirement industry, … Continue reading

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Johnson & Johnson wins 401(k) lawsuit

A New Jersey Federal District Court dismissed a complaint by participants in 3 Johnson & 401(k) plans, who alleged that plan fiduciaries failed to protect their investments in company stock offered as a plan investment option. The participants argued that … Continue reading

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Abbott wins in theft suit, for now

Abbott Laboratories beat back a 2020 lawsuit from a 401(k) participant whose account was fraudulently raided of $245,000. The plaintiff, Heide Bartnett, also sued Alight Solutions, the plan’s recordkeeper, and that case will still go on. An identity thief managed … Continue reading

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Self-Directed Brokerage Account were also up for 2020 Q4

It’s a known fact that I don’t care for self-directed brokerage accounts in 401(k) plans, but I won’t act as a censor for good news. According to Charles Schwab with self-directed brokerage accounts (SDBAs), the average account balance across all … Continue reading

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