A Win for Plan Sponsors?

  It’s been two decades since a torrent of lawsuits began alleging that fiduciary failures were resulting in high fees for participants, and attorneys say the copycat claims are unlikely to stop anytime soon. There is, however, a modicum of...

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Failure To Diversify: ERISA Violation

  Following an investigation by its Employee Benefits Security Administration (EBSA), the Department of Labor won a settlement for the participants of an employer sponsored retirement plan, arguing that fiduciary breaches, including failure to diversify plan assets, had led to...

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Double Check The Calculations

Plan sponsors generally do not set out to shortchange participants or violate ERISA. Nonetheless, oversights can occur, and tend to spiral into increased scrutiny for all. Beware: a recent settlement over an allegation that the use of outdated mortality tables...

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Participant Contributions: Let’s Be Timely!

Failure to properly and promptly ensure employee contributions are remitted to the retirement plan is a serious problem. Although a very small fraction of employers have been found to have abused retirement contributions, the Department of Labor remains vigilant, as...

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Litigious Beneficiary

Unfortunately, the death of a relative or friend can bring about unexpected reactions from beneficiaries–some of which can cost the estate a good deal of money, resulting in losses for other beneficiaries. Fortunately, in the event of unnecessary litigation attempts, ...

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Good Hiring Practices

  Hiring, especially in construction, is tougher than ever. That’s why industry pros remind  us that good preparation is essential. Dedicating time to having your hiring infrastructure at the ready pays off in the long run. Here are steps toward...

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Understanding Undue Influence

  What constitutes undue influence in an estate plan? What are some of the reasons why beneficiaries might challenge an estate plan over undue influence? How do different states handle claims of undue influence? Read on for answers from attorneys...

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Understanding The Services Notaries Provide

State governments appoint notaries to act as impartial witnesses to the signing of important documents, essentially guarding against fraud by verifying identity. Though notaries do not provide legal guidance on the contents of documents, they do confirm that signers are...

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Summing Up: ERISA Litigation

  Law experts explain the uptick of class action suits alleging mismanagement of retirement plans by fiduciaries. Although courts have dismissed a few of the cases, most of the motions to dismiss have been denied. Having a relatively small plan...

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Warning Signs: Contribution Fraud?

  Though not a widespread issue, employers who delay or fail to make the appropriate contributions to the retirement plan are a concern for all. Accordingly, the U.S. Department of Labor has issued a list of warning signs in an...

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