Author Archives: admin

The Safe Harbor That Wouldn’t Go Away

The Department of Labor’s Employee Benefits Security Administration (EBSA) tried to play cleanup with the rulebook and instead found out that sometimes the “old” rules are still needed. After floating the idea of removing certain safe harbors — including guidance … Continue reading

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State-Run Auto-IRAs Hit $2 Billion and Keep Growing

The retirement plan industry just hit another milestone, and it didn’t come from Wall Street or the big recordkeepers. State-run automatic IRAs have now passed $2 billion in assets, covering more than a million workers across 12 programs. That’s a … Continue reading

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Pantyhose, Banks, and Retirement Plans: The Smarter Crime?

I’ve always said that robbing a bank with a pair of pantyhose on your head is a smarter crime than stealing from a retirement plan. At least the bank robber has a shot at making it out the door. An … Continue reading

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Empower Under Fire: Another Reminder That Providers Aren’t Immune from Fiduciary Scrutiny

When most people think about ERISA lawsuits, the usual suspects are plan sponsors. They’re the fiduciaries who pick the investments, hire the service providers, and have the crosshairs on their backs when plaintiffs’ firms go looking for blood. But every … Continue reading

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The DOL is Right to Scrap the Annuity Safe Harbor

The Insured Retirement Institute (IRI) is once again carrying water for the annuity industry, this time urging the Department of Labor to retain a regulatory safe harbor that’s already obsolete. The safe harbor in question, rooted in the Pension Protection … Continue reading

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Trump Accounts: What Employers Need to Know

When Congress passes a bill with a title like the “One Beautiful Bill,” you can already guess who had their fingerprints on it. Out of this legislation comes the so-called Trump Account, a new hybrid savings vehicle that sits somewhere … Continue reading

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Private Markets in 401(k) Plans: An Opportunity or a Pandora’s Box?

A new Empower survey has made some waves in the retirement plan industry. According to their July 2025 survey, a striking 68% of advisors already use private market investments—things like private equity, private credit, and private real estate, mostly in … Continue reading

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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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