On August 12, 2026, the Treasury Department and the Internal Revenue Service (IRS) released Notice 2026-49, providing the first formal guidance under the SECURE 2.0 Act on simplifying and standardizing the rollover process for qualified retirement plans. Below are
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Does Your Retirement Plan Need an Amendment for Saver’s Match?
Recently issued IRS Notice 2026-48 provides initial guidance on the Saver’s Match created by SECURE 2.0 largely to replace the current Saver’s Tax Credit. Under the Saver’s Match, beginning in 2027, eligible taxpayers with a maximum modified adjusted gross income…
Business or Residential Number? Court Adopts Ninth Circuit’s Test and Grants Summary Judgment for Defendant
A judge in the Eastern District of Pennsylvania recently granted summary judgment for defendant JR Capital upon finding that the text messages at issue were sent to a business line, not a “residential” phone number. See Newell v. JR Capital,…
Seventh Circuit Splits with Sister Circuits, Rules Employers Entitled to Full Credit for Prior Partial Withdrawal Liability
What Employers Need To Know About Trump Account Contribution Programs
On August 11, 2026, the IRS published proposed regulations providing guidance on employer contributions to Trump Accounts under new Section 128 of the Internal Revenue Code. The regulations are only proposed and would not take effect until the plan year…
Solving the Culpable Co-Defendant Problem: An Update on Preserving Your Client’s Defenses after a Culpable Co-Defendant Files a Motion for Summary Judgment in California State Court
California appellate courts have recently provided much needed clarity for defendants wishing to preserve the ability to attribute fault to a potentially culpable co-defendant seeking summary judgment. We previously addressed this issue in a 2021 blog post, highlighting the uncertainty…
Third Circuit Confirms Correlation Still Does Not Prove Causation
A recent Third Circuit decision is a useful and quotable reminder that temporal correlation is not enough to prove causation. Causation is an indispensable element of any product liability action. It is the same in pharmaceutical third-party payor (TPP) class…
California Supreme Court Rejects Duty to Innovate
On August 3, 2026, the California Supreme Court issued its decision in the closely watched Gilead Tenofovir Cases, No. S283862, — Cal.5th —, 2026 WL 2223748 (Cal. Aug. 3, 2026), rejecting the so-called “duty to innovate.” The court held, in…
Third Circuit Holds That 401(k) Fiduciaries’ Good Process Defeats Claims of Imprudence
By Rick Pearl
Paraquat MDL Lone Pine Order Creates New Hurdles for Nonsettling Plaintiffs
The multidistrict litigation (MDL) concerning paraquat-based herbicides — In re: Paraquat Products Liability Litigation, MDL No. 3004 (S.D. Ill.) — has become a focal point in mass torts. Thousands of plaintiffs allege that exposure to paraquat caused them to develop…