In March of this year I wrote two blog articles on how the new Biden administration would not enforce and was likely going to change the Trump administration’s Department of Labor final rule on environmental, social, and govenrnance (ESG) investing
Continue Reading Biden Administration’s DOL Proposes Changes to Trump Administrations ESG Rules
Murphy Austin Adams Schoenfeld LLP Blogs
Latest from Murphy Austin Adams Schoenfeld LLP
Ways & Means Committee Says You Must Save For Retirement, But Not Too Much
My last blog article discussed how the $3.5 trillion budget proposal contains a provision requiring employers with 5 or more employees to offer a payroll deduction IRA program or salary reduction 401(k) plan to employees and automatically deduct 6% of
Continue Reading Ways & Means Committee Says You Must Save For Retirement, But Not Too Much
Could CalSavers Go National? Federal Mandated Payroll Deduction Plan Proposal Included In 3.5 Trillion Budget Proposal
In May the United States Court of Appeals for the Ninth Circuit ruled that California’s automatic enrollment IRA program known as CalSavers was not preempted by the federal law, ERISA. See, Ninth Circuit Holds CalSavers Is Not Preempted By ERISA.
Continue Reading Could CalSavers Go National? Federal Mandated Payroll Deduction Plan Proposal Included In 3.5 Trillion Budget Proposal
Undue Influence: Pressure Brought to Bear Directly on the Burden of Proof
I. INTRODUCTION
The burden of proof and who has it can often mean the difference between success or failure at trial. For any civil or probate proceedings—including contests to will or trusts—the default burden of proof is preponderance of the
Continue Reading Undue Influence: Pressure Brought to Bear Directly on the Burden of Proof
Getting the Most Out of Form Interrogatories: Helpful Tips and Common Pitfalls to Avoid
I. INTRODUCTION
Form interrogatories can be a cost-effective and simple discovery tool in many types of litigation. However, like any tool, they must be utilized correctly to obtain their fullest potential, and improper use can result in frustration, delay, and
Continue Reading Getting the Most Out of Form Interrogatories: Helpful Tips and Common Pitfalls to Avoid
Bien-venue: Commencing Breach of Trust Litigation in the Proper County
I. INTRODUCTION
Determining venue for a proceeding concerning the internal affairs of a trust is ordinarily fairly straightforward: the county in which the principal place of administration of the trust is located. The result arises from a standard application of
Continue Reading Bien-venue: Commencing Breach of Trust Litigation in the Proper County
IRS Revamps EPCRS: Expands SCP; Eliminates Anonymous VCP Submissions; Expands Overpayment Safe Harbor to DB Plans
On July 16, 2021, the IRS released its updated Employee Plans Compliance Resolution System (EPCRS) by issuing Rev. Proc. 2021-30 setting forth the parameters of the program and replacing the former governing revenue procedure, Rev. Proc. 2019-19. EPCRS is a
Continue Reading IRS Revamps EPCRS: Expands SCP; Eliminates Anonymous VCP Submissions; Expands Overpayment Safe Harbor to DB Plans
Supremes Uphold ACA Again! Find Challengers Lacked Standing.
On June 17, the U.S. Supreme Court finally decided California v. Texas, the case challenging the constitutionality of the Affordable Care Act (ACA) after the penalty for not complying with the individual health insurance mandate was reduced to zero in
Continue Reading Supremes Uphold ACA Again! Find Challengers Lacked Standing.
Ninth Circuit Holds CalSavers Is Not Preempted By ERISA. . . 6/30 Deadline Approaching
On May 6, 2021, the United States Court of Appeals for the Ninth Circuit upheld a District court’s dismissal of a complaint filed by the Howard Jarvis Taxpayer’s Association (HJTA), challenging California’s state mandated IRA program, CalSavers, as being preempted
Continue Reading Ninth Circuit Holds CalSavers Is Not Preempted By ERISA. . . 6/30 Deadline Approaching
No Fooling: Employers Must Act Now On April 1 COBRA Subsidy Period
Under the federal health coverage continuation law, known as COBRA, a private employer with 20 or more employees that sponsors a group health plan must let individuals elect to continue their health coverage when it would otherwise end for certain
Continue Reading No Fooling: Employers Must Act Now On April 1 COBRA Subsidy Period