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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: April 2025
Bill proposed to waive early withdrawal penalty for fraud
Last week, Rep. Haley Stevens (D-MI) introduced legislation aimed at waiving early withdrawal penalties for victims of retirement account fraud. The proposed bill, titled the “No Penalties for Victims of Fraud Act,” seeks to alleviate the financial strain on individuals … Continue reading
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DOL unveils Model VFCP Model Participant Notice
The Department of Labor (DOL) has issued a model notice for applicants to the Voluntary Fiduciary Correction Program (VFCP). This notice is essential for informing plan participants that the plan has applied to utilize this important correction program. It is … Continue reading
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Merit buys Sanctuary Wealth
Merit Financial Advisors, a financial advisory firm based in Georgia, recently announced its acquisition of Sanctuary Wealth Management, LLC, and Fiduciary Services, LLC. This deal will enable Merit to establish a presence in Idaho and collectively grow its assets by … Continue reading
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The whole job offer fiasco
I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process … Continue reading
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Don’t make the interview process a living hell
A friend of mine is interviewing for a new job. What was supposed to be one interview has morphed into three. All, it did was bring up bad memories for me. There is nothing as hopeful and agonizing as interviewing … Continue reading
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BlackRock Lifepath lawsuits were a dud
I knew early from my law school days that I had zero interest in litigation. It was probably from Moot Court when that second year law student admonished my tie. I late discovered this second year law student was the … Continue reading
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Be open and honest
Someone from my past was in a new line of work and I wanted to help them out. They were presenting a new 401(k) tool, which I thought was perfect. I thought it was a solution that could help third-party … Continue reading
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The multiple loan problem
As a 401(k) plan sponsor, you need to know that plan errors happen all the time. A 401(k) plan has so many moving parts, so that means something might break. The problem here is that while things can happen without … Continue reading
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What all good 401(k) plans have
There are so many articles for plan sponsors (I’ve written quite a few) where they go on and on about what plan sponsors need for a successful 401(k) plan. Rather than go into a whole diatribe, here is a Reader’s … Continue reading
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TIAA ranked as top recordkeeper website
A new report by research consultant Corporate Insight (CI) highlights that TIAA, Fidelity, and T. Rowe Price provide the best digital experiences among U.S. recordkeepers. The report, titled “DC Plan Sponsor Website Experience Benchmark,” evaluates the digital experiences of leading … Continue reading
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