Topic
401(k)
519 published works
ERISA Litigation Advisor
401(k) Investment Option Challenge Heads to Ninth Circuit
By Stacey C.S. Cerrone, Lindsey H. Chopin
Recently, in Davis v. Salesforce.com, a California district court dismissed for the second time claims alleging that the defendant 401(k) plan fiduciaries breached their ERISA fiduciary duties by retaining overpriced…
ERISA Litigation Advisor
California District Court Again Dismisses ERISA Lawsuit Challenging 401(k) Plan’s Fees
By Stacey C.S. Cerrone, John W. Sulau
The Northern District of California dismissed with prejudice a lawsuit alleging a 401(k) plan’s sponsor and fiduciaries included unreasonably expensive funds in the plan’s investment lineup. The court previously dismissed…
Disputing Tax
Anderson v. Intel—A Test Case Regarding the Prudence of Adding Alternative Investments to Defined Contribution Plan Menus
In this third episode in a series of Ropes & Gray podcasts addressing emerging issues for fiduciaries of 401(k) and 403(b) plans to consider as part of their litigation risk…
Compensation & Benefits Blog
Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan
By Russell Hirschhorn, Myron Rumeld, John E. Roberts, Joseph Clark, Tulio Chirinos, Kyle Hansen
On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied…
Hall Benefits Law Blog
Policies & Procedures: The Key to Avoiding Retirement Plan Excessive Fee Litigation
By Anne Hall
The recent increase in litigation over retirement plans and, specifically, the fees those plans are being charged for administration and management, has many companies concerned about what they need to…
Ogletree Deakins Insights
401(k) Plans Using Pre-approved Plan Documents Must Be Restated by July 31, 2022
By By Carlos Gonzalez, Matthew Hoffman
In Announcement 2020-7, the Internal Revenue Service (IRS) announced employers’ deadline by which to adopt new plan documents related to Notice 2017-37. The new announcement informs employers that maintain defined…
Cohen & Buckmann Insights
In the News: 401k Specialist Magazine Interviews Carol Buckmann
By Sandra Cohen
In the spring 2021 issue of 401k Specialist magazine, Carol Buckmann explains why outsourcing investment responsibilities to an investment manager or outsourced chief investment officer is trending. The interview stemmed…
Compensation & Benefits Blog
[Podcast]: Cyber-theft of 401(k) Accounts
In this episode of the Proskauer Benefits Brief, partner Robert Projansky and special guest Garrett Fenton, senior attorney at Microsoft Corporation, discuss cyber theft of 401(k) plan accounts. Tune in as we…
Tax
401K & Expatriation: US Withholding & Tax Treaty Benefits
401K & Expatriation 401K & Expatriation 401K & Expatriation: When it comes to Expatriation from the United States for Covered Expatriates, one of the most important aspects for future tax…
Tax
401K & Expatriation: US Withholding & Tax Treaty Benefits
401K & Expatriation 401K & Expatriation 401K & Expatriation: When it comes to Expatriation from the United States for Covered Expatriates, one of the most important aspects for future tax…