"[A] favorable regulatory environment doesn't make you lawsuit-proof. The most practical steps you can take today are: first, make sure your plan document explicitly provides for multiple allowed uses of forfeitures so fiduciaries have documented discretion; second, when your plan committee makes a decision about how to apply forfeitures in a given year, document the reasoning behind that decision in committee minutes; and third, make sure forfeitures are being used within the 12-month period after plan year-end deadline to avoid creating a separate operational compliance headache on top of any litigation exposure."  MORE >>