Category Archives: Retirement Plans

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

Most plan sponsors don’t wake up thinking, “Let’s mismanage the 401(k) today.” Yet bad outcomes happen all the time — excessive fees, underperforming investments, compliance failures, and, eventually, fiduciary exposure. In my experience, the problem usually isn’t the plan. It’s … Continue reading →

If I walked into your office tomorrow and you handed me responsibility for your 401(k), I wouldn’t start by changing investments, firing vendors, or chasing the latest industry trend. I’d start with the basics — because that’s where most plans … Continue reading →