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DOL Backs Employer in Forfeiture Allocation Case -- but Don't Pop the Champagne Just Yet
The Rosenbaum Law Firm P.C. via JD Supra Link to more items from this source
[Opinion]
Aug. 22, 2025

"The DOL didn't sue. It wasn't a party. But in the first appellate-level case tackling forfeiture allocation under ERISA, the DOL felt compelled to jump in, not on the side of the plaintiffs, which is usually the case, but on the side of [the plan sponsor].... [T]his brief is a shot across the bow to plaintiffs everywhere, and it signals that the DOL and the IRS are now singing from the same hymnal." [Hutchins v. HP Inc., No. 23-5875 (N.D. Calif. Feb. 5, 2025; on appeal to 9th Cir. No. 25-826; DOL amicus brief filed Jul. 9, 2025)]  MORE >>

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