Who Needs to Save for Retirement?
All of us! Even before the financial challenges brought on by COVID-19, retirement saving for workers in the US was insufficient—and in fact, worsening. For example, data from 2014-2017 shows that only 40% of employers…
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Identify Theft—Are Your Benefit and Retirement Plans Safe?
Identity theft has been on the rise—and that means plan sponsors have to up their cybersecurity efforts. According to AARP: Identity theft occurs when someone obtains someone else’s personal information, such as a Social Security…
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Hiring Outside Advisors Does Not Remove Plan Sponsor Fiduciary Liability
Plan sponsors have a lot of responsibility as fiduciaries when managing an employee benefit plan. They have to make sure that the plan assets are invested properly, employees are given adequate information about benefits, employees…
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Omnicom Slammed with Fiduciary Breach
A former worker of Omnicom Group, Inc. is suing the company and plan fiduciaries, accusing them of ERISA violations while managing the firm’s employee benefit plan. The complaint, filed on July 31 in a U.S. District…
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Wisconsin Sees Spike in ERISA Class Action Claims
In the past few months, Wisconsin, among other states, has seen a rise in class litigations involving breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974, or ERISA. These types…
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What is a Fiduciary Duty?
A fiduciary is an organization or individual that holds the critical power and responsibility of acting on behalf of others. A fiduciary pledges to carry out their daily duties honestly and through good faith. A fiduciary…
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Is Personal Information of Plan Participants An ERISA Plan Asset?
Retirement plan sponsors are beginning to see more claims involving the alleged wrongful use of personal information belonging to retirement plan participants claimed to be “plan assets”. The specifics of these allegations is that employers…
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Plan Sponsors Specifically Threatened by Cyber Attacks
Retirement plans and, specifically, their plan sponsors are being threatened more and more by cyber attacks. Recordkeepers, custodians, and third party administrators are being attacked due to all the valuable personal data they harbor and…
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Eleventh Circuit Releases Long-Awaited Decision on ERISA Sanctions
The Eleventh Circuit just confirmed their outlook on the Employee Retirement Income Security Act of 1974, or ERISA. The new decision in Williamson v. Travelport, LP 953 F. 3d 1278 (11th Cir. 2020), illuminated the latitude…
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