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Recent Posts
- Another Year, Another Reminder: Fees Still Matter – Especially for Small Plans
- There’s a hard truth in life, and I learned it the long, slow, and silent way: if you don’t speak up for yourself, you’ll be passed over, stepped on, and probably volunteered to clean up after someone else’s kugel spill. As I wrote in Full Circle, back in my teenage years at Young People’s Synagogue at East Midwood Jewish Center, I played the role of the dutiful nice guy. You know, the one who showed up early, stayed late, and never got the title—kind of like the unpaid intern who’s somehow also your carpool ride. Leadership roles were doled out like parts in a high school musical directed by someone’s passive-aggressive older cousin. The person assigning them? A college student named Adam. And every year, Adam gave me the same role: guy who does everything and gets nothing. He made people co-officers who didn’t even show up. He passed me over for president like it was a sacred tradition. And what did I do? Nothing. I sat there quietly, like a mensch with a clipboard, smiling through clenched teeth and rationalizing, “Maybe next year.” Spoiler: next year never came. Fast forward a couple of decades, and the stakes are a little higher now than who leads Shabbat announcements. I’m running my own law firm, negotiating retainers, and trying to deliver ERISA compliance without losing my mind—or my voice. So when a client recently slighted me, again and again—ignoring my reasonable request to revise a retainer agreement—I remembered Adam. And I remembered that feeling. The one where you know you’re being taken for granted, but you stay silent because it’s easier. Only this time, I wasn’t seventeen. This time, I said something. Actually, I said everything. I warned one of the client’s employees, “I’ve got one foot out the door.” A week later, I picked up the other foot and walked. I quit. And it felt… amazing. Liberating. Like finally being promoted to president of a synagogue you no longer care about. Here’s the truth: no one’s coming to rescue you. No one’s handing you the title, the recognition, or the revised contract. If you’re waiting for fairness to find you, it’s probably stuck in traffic behind a bar mitzvah procession. So speak up. For your fees. For your worth. For your teenage self who should have gotten the gavel instead of the handout flyer duty. Because being silent doesn’t make you righteous—it just makes you invisible.
- Speak Up, or Prepare to Be Stepped On (and Possibly Assigned to Kiddush Duty… Again)
- Josh Itzoe Launches Fiduciary U: A New Era in 401(k) Committee Education
- Forfeitures, Fiduciary Failures, and Cigna: Another Lesson in ERISA Risk
Recent Comments
- John O'Reilly on You Might Be Gold, But They May Not See It
- Dale F. Smith on “Experienced” Plan Provider can mean a lot of things
- Steve on Make a sure a plan provider change is for the right reason and not to make someone $$$$$
- Dale F. Smith on Yale Law Professor scares 6K Plan Sponsors and everyone missed the point
- Sherry Gensemer on The High Fee Open MEP becomes a High Fee MEAP
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Categories
Monthly Archives: February 2025
That 401(k) National Virtual entertains
That 401(k) National Virtual Conference had its 5th edition on January 30-31. Over 110 people signed up for a free event with over 8 hours pf programming. A wide variety of presenters broadcast worthwhile content to plan providers, as well … Continue reading
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There will always be an angle for ERISA litigators
There is this scene in Donnie Brasco when the crew has to make their take for the week and they try to hammer a New York City parking meter for the coins. This reminds me of certain ERISA litigators looking … Continue reading
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Focus on what the competition isn’t
When I started my law practice almost 15 years ago, I started to look at what the competition was doing and I decided to do things differently. Other ERISA attorneys charge by the hour, they charge for every phone call, … Continue reading
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Get the best person for the job, period.
I’m a long-suffering fan of the Mets and, I’ve had to deal with the underwhelming leadership of several former Mets managers. It seems we may have a winner with Carlos Mendoza. The point is that when hiring employees, hire the … Continue reading
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American Airlines gets split decision loss in ESG lawsuit
A Texas federal district court ruled that American Airlines breached its fiduciary duty of loyalty, but not its fiduciary duty of prudence, in allowing its $26 billion 401(k) plan to be influenced by environmental, social, and governance (“ESG”) policies unrelated … Continue reading
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Transamerica gets brand revamp
Transamerica announced a brand revamp. According to Transamerica, these changes include an update to their logo, which will start to feature the Transamerica Pyramid Center rising from a horizon, along with changes to their visual language. The brand’s typography will … Continue reading
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Hancock and Vestwell team up
John Hancock has launched FutureStep, an open-architecture retirement plan offering powered by Vestwell. The firm’s existing plan lineup is set to launch in the early 2025s. The FutureStep interface is designed to facilitate interactions between advisers, employers, and participants. FutureStep … Continue reading
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IRS releases catch up Roth Guidance
The Internal Revenue Service (“IRS”) issued proposed regulations regarding the provisions of the SECURE 2.0 Act of 2022 (“SECURE 2.0”) that relate to catch-up contributions. The proposed regulations are for the requirement imposed by SECURE 2.0 that catch-up contributions for … Continue reading
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Mariner makes a deal by
Mariner announced the acquisition of Cardinal Investment Advisors. Mariner’s advisory assets will grow to $550 billion in the first quarter of 2025. With offices in Chicago and St. Louis, Cardinal provides investment consulting services to insurance companies, as well as … Continue reading
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Barring any tax law change, Roth catchups will be a thing in 2026
Starting in 2026, Highly Compensated Employees will have to make their Catch Up Contributions as after tax Roth deferrals. The Internal Revenue Service issued regulations to that effect, after the SECURE 2.0’s required implantation date of 2024. With a new … Continue reading
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