Monthly Archives: June 2025

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome. Yes, Judge Kacsmaryk blessed the 2022 regulation under the new post-Loper Bright world, but legal survivability is hardly the same thing as … Continue reading →

UBS has found itself the latest target in the growing wave of ERISA litigation surrounding the handling of forfeitures in 401(k) plans. In Czakoczi v. UBS AG et al., filed in the District of New Jersey, the allegations mirror a … Continue reading →

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Compliance Assistance Release No. 2025-01. For those of us keeping track at home, this new guidance effectively rescinds the now infamous 2022 Release that sent plan sponsors and ERISA attorneys … Continue reading →

I hated the Mission: Impossible TV show. Let me just get that out of the way. It was a fixture on Sunday afternoons when we didn’t have cable—reruns of that lifeless series looping like some cruel punishment. It was always … Continue reading →

The 401(k) world has long been a place where innovation comes with a compliance manual and where “benefits” are often tied up in strings long before they reach employees. But sometimes, a change comes along that feels like a step … Continue reading →

In the world of retirement plans, some stories feel like déjà vu with a fresh set of dollar signs. The latest lawsuit filed by former participant Brian Byrne against TIAA and its associated retirement plans is no exception. But beneath … Continue reading →

When I was at American University Washington College of Law, the dean at the time was a man named Claudio Grossman. He was from Chile and seemed to carry that fact around like a passport that needed stamping at every … Continue reading →

ERISA is filled with traps for the unwary. Some are complex, hiding in layers of regulatory nuance. Others are deceptively simple—like plan forfeitures. Yes, I’m talking about those dollars left behind when participants fail to vest in employer contributions. Easy … Continue reading →

The 401(k) match has long been one of the most powerful tools for building retirement savings. It’s the “free money” we’ve all been trained to chase—and advise our clients to chase. So when Fidelity, Schwab, and others start finding new, … Continue reading →

I was never going to be the guy—the one people rallied around, the golden child, the anointed one. I wasn’t the star quarterback of anyone’s career fantasy draft. More often than not, I was the last pick in the schoolyard … Continue reading →