Category Archives: Retirement Plans

The DOL’s Alternative Investments Proposal: A Turning Point or Just More Regulatory Noise?

If you’ve been paying attention to retirement plan news lately, you know that alternative investments are no longer a fringe conversation. They’re front and center. The Department of Labor has now taken a significant step by sending a proposed rule … Continue reading

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Empower and Blackstone Walk Into a 401(k)… And It’s Not a Joke (But It Might Change Everything)

If someone had told me 15 years ago that one of the world’s largest alternative asset managers would be partnering with a mainstream retirement plan provider to bring private market investments into 401(k) plans, I would have assumed they were … Continue reading

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Forfeitures: Free Money or Fiduciary Landmine?

For years, forfeitures were treated like found money in 401(k) plans. Someone leaves before vesting, the plan keeps the unvested employer contribution, and no one loses sleep. Then came the lawsuits. Plaintiffs have begun challenging how forfeitures are used—particularly when … Continue reading

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The Committee Minutes That Save You in a Lawsuit

When a 401(k) lawsuit is filed, the first thing plaintiffs’ counsel asks for isn’t your investment returns. It’s your committee minutes. That surprises plan sponsors. It shouldn’t. ERISA litigation is less about outcomes and more about process. Committee minutes are … Continue reading

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Just Because Everyone Does It Doesn’t Mean It’s a Fiduciary Best Practice

One of the most dangerous phrases in the 401(k) world isn’t “lawsuit” or “DOL audit.” It’s: “Everyone does it this way.” I hear it all the time from plan sponsors. Everyone uses revenue sharing. Everyone uses forfeitures to offset employer … Continue reading

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Revenue Sharing Isn’t Dead—But It’s Still Dangerous

Every few years, someone declares revenue sharing “dead.” And every few years, it stubbornly survives. Revenue sharing is still legal. It’s still widely used. And yes, it’s still dangerous—especially for plan providers who don’t explain it well. The risk isn’t … Continue reading

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How Provider Silence Becomes Exhibit A in Litigation

Plan providers love to say, “We’re not the fiduciary.” And in many cases, that’s true. But here’s the uncomfortable reality: silence can still get you pulled into a lawsuit. I’ve seen it happen more times than I can count. A … Continue reading

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Why the USPS “Postmark” Rule Change Matters for Your Mail Deadlines

If you’re the kind of person who waits until April 15 to drop off your federal tax return in a blue mailbox, or who trusts a mailed check will always be dated the day you dropped it in the slot, … Continue reading

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DOL Backs JPMorgan in 401(k) Forfeiture Fight: What It Means for Plan Sponsors

If you’ve been paying attention to the growing wave of 401(k) forfeiture litigation, the Department of Labor’s latest move is a big deal — even if it didn’t come with fireworks and fanfare. In a recent development, the U.S. Department … Continue reading

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IRS Letter-Procedure Update for 2026: Bigger Fees, Electronic-First, and Beware of Refund Risks

If you ever thought IRS procedural updates were boring, buckle up — because the latest IRS guidance for 2026 determination letters, opinion letters, and private letter rulings actually matters. A lot. Especially if you live in the retirement-plan, ERISA, and … Continue reading

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