Compliance

Republicans say the measure would curb ‘frivolous’ ERISA litigation; Democrats warn it could weaken workers’ ability to challenge mismanagement of retirement and health plans.

After the 4th Circuit ruled that losses in 401(k) plans are individualized, lawyers must weigh the ripple effects on large fiduciary-breach complaints.

The proposed legislation is a rebuke to President Donald Trump’s affinity for digital assets, including efforts to permit wider use in defined contribution plans.

The Department of Labor filing says former advisers lack standing to challenge an advisory ruling used in arbitration over deferred compensation.

Industry experts advise that plan sponsors still have significant responsibility, even with help from the Department of Labor.

The ruling confirms an unopposed motion filed earlier this week, finalizing the Department of Labor’s abandonment of the rule established by the previous administration.

The appeals court ruled that ERISA claims tied to defined contribution plans involve individualized losses and cannot proceed as mandatory class actions.

The department previously decided against defending the rule in a separate legal challenge.

The Department of Labor previously stopped defending the rule on investment advice and now joins the plaintiffs in seeking its full dismissal.

Investment managers have pushed for a wide range of investments, but asset allocation rules remain uncertain.

Experts at two Securities and Exchange Commission roundtable conversations warned that clearer disclosures on valuation, liquidity and fees are critical to offering private assets.

The Hoosier state is the first in the U.S. to require digital assets be an investment option in public defined contribution plans via a brokerage window. 

Ruling allows the proposed class action alleging imprudent investment choices in the $1.2 billion employee retirement plan to proceed. 

Draft regulations outline how parents and guardians can open tax-advantaged investment accounts for children and access a government-funded pilot contribution program.

The plaintiff claims the real estate giant ignored climate-related financial threats and kept an underperforming fund in its retirement plan.

As lawsuits mount and regulations evolve, experts urge plan sponsors to focus less on predicting markets and more on documenting disciplined decisionmaking.

BlackRock and State Street were also accused of similar actions and have not settled to date.

As regulators prepare guidance, experts say ERISA’s prudence standard remains—but process, documentation and expertise matter more than ever.

ERISA experts caution that while delegating duties to outside providers can add expertise and help with the workload, plan sponsors still have a duty to monitor.

Federal courts have described the ERISA fiduciary standard as ‘the highest known to law.’