Our Blog - Surety Matters

  New trends in claims against retirement plans (and their fiduciaries) include allegations of imprudence related to investment fund choices. Even as excessive fee litigation claims brought in 2022 continue to clog up courts, new…
Read Moreabout New Theories of Liability

  Yes, the Department of Labor’s Employee Benefits Administration (EBSA) regularly pursues violations of ERISA, recovering funds for retirement plan participants. Civil corrections, litigation and even criminal indictments are all possibilities for plan fiduciaries under…
Read Moreabout ERISA: Civil Violations? 

  Despite hopes that a “heightened standard” for excessive fee claims would result in plan sponsors winning more motions for the dismissal of ERISA lawsuits, the fact is: plan sponsors are losing even more motions…
Read Moreabout Weeding Out Claims?

  Most plan sponsors want the assets of retired workers to stay in the plan, but why would workers want to keep their assets with a former employer? Experts say it’s not rocket science: just…
Read Moreabout Keeping Assets In Plan: Rocket Science?

  Improper use of the ERISA Budget Account associated with an employer sponsored 401k plan, even if merely a mistake, is a fiduciary failure which can lead to investigations, penalties, and criminal charges brought by…
Read Moreabout Proper Use of the ERISA Budget Account

  Plan sponsors have always had a lot to juggle but lately the juggling has gotten harder. If you are feeling the stress, you are not imagining it: the scurry around SECURE 2.0, pending new…
Read Moreabout Juggling Act?

  Here’s a scary reality: cyber criminals are using ChatGPT to up their game. In fact, novices are even using ChatGPT to write malware. Phishing emails? Yes, ChatGPT is writing those too. Cybersecurity experts remind…
Read Moreabout Cyber Threat Acceleration: ChatGPT

  A recently filed ERISA lawsuit underscores a scary reality: essentially anyone, and everyone, involved in the management and administration of a retirement plan can be personally named in the allegations. In addition to sweeping…
Read Moreabout Anyone–and Everyone: ERISA Lawsuits

  A comprehensive new analysis from Georgetown University’s Center for Retirement Initiatives points to opportunities for target-date funds to increase returns by adding illiquid options to the mix and calls on regulators to provide a…
Read Moreabout Missed Opportunity: Asset Diversification