Subpoena: Cybersecurity Records Please
That’s what retirement plans are receiving from the Department of Labor (DOL). Given the stepped up expectations on cybersecurity over the past year, scrutiny of policies and practices is becoming part of the investigation…
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Death In The Family? Practical Advice
Here’s a reality no one likes to talk about: when a loved one dies, as if working through grief is not enough, there’s a lot of other work to be done. In addition to the…
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Alzheimers? Consider a Trust
No one wants to think about living with Alzheimer’s. Sadly, a growing number of people and their families have no choice but to make big shifts in their lives, as they cope with the…
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Missouri: Probate and Personal Representatives?
In Missouri the Circuit Court’s Probate Division oversees the distribution of assets after a death. If there is a will, assets are distributed accordingly, after debts are paid. If there is no will, Missouri’s intestacy…
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Lots of Holes: The Estate of Henry Darger
An Illinois probate court is trying to sort out who has the rights to the estate of outsider artist Henry Darger—and has so far found “lots of holes” in the court documents. When Darger, died…
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Missing Participants and Minimum Distributions?
Plan sponsors are obligated to ensure participants receive their benefits on schedule. This includes following the Department of Labor’s guidance for arranging for missing participants to receive their requirement minimum distributions. Failure to make…
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Intersecting: ERISA Law and Cybersecurity
The American Bar Association (ABA) advises retirement plan sponsors and administrators to pay more attention to cybersecurity. Specifically, sponsors and other fiduciaries are urged to heed the expanding body of litigation occurring at the intersection…
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Ready?
What might it look like if a lawsuit alleging excessive fees—and failure to adequately monitor service providers—landed on your desk? For starters, piles of plan documents and records—including minutes from meetings about the plan—would…
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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….
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