Personal Representative Explained
Among the important decisions we must make when writing a last will and testament is designating a personal representative to handle our affairs when we die. It’s useful to understand the terminology, duties and…
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Diminished Capacity?
Representing clients who may be experiencing a change in capacity presents lawyers with serious challenges and ethical considerations. What can and should a lawyer do when a client’s changing capacity seems to require attention? Legal…
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Motion To Dismiss?
Denied! That’s what’s happening in federal courts across the country as retirement plan sponsors struggle with defense against fiduciary breach allegations based on claims of excessive fees. An analysis by Bloomberg Law reveals that for…
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Retirement Plan Documents
Best practices related to company sponsored retirement plan documents include carefully saving all plan documents for the life of the plan, adhering to the terms described in the plan documents, and keeping records that…
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Notaries and Fraud?
What if a notary does not realize that identification, like a driver’s license, is fake, and inadvertently enables a costly act of fraud? Who is responsible for the lost funds—the notary? In a recent…
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ERISA Penalties: Adjusted for Inflation
Issuing required notices and filing reports—within the mandated timeframes—are among the ongoing duties of plan sponsors. Tardiness and other oversights are damaging, with consequences ranging from lawsuits on behalf of participants, to regulatory audits,…
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Managing The Investment Menu: Layering
As the investment options offered to retirement plan participants continue to undergo intense examination in the face of a swell of lawsuits, experts encourage plan sponsors to consider “layering.” Effective layering on investment menus…
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Health and Science: Builders In Demand
The demand for new and expanded health and science facilities remains strong across the country. Up and coming projects include an addition to the Medical School at New Jersey’s Rowan University and important renovations at…
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Overcoming Delays:Transit Builds
How can the next wave of eagerly anticipated transit builds overcome what’s become a tradition: running over budget and behind schedule? That’s the essential question researchers at the University of California in Berkeley (UC…
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