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Free Newsletters
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
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78 Matching News Items |
| 1. |
Mayer Brown
Nov. 2, 2025
"The number of new forfeitures cases has increased year over year, with five cases filed in 2023, 30 cases filed in 2024, and 43 cases filed so far in 2025 ... Cunningham has not yet resulted in a material increase in recordkeeping fee challenges or ERISA excessive fee lawsuits.... [S]table value funds have been the primary target in excessive fee lawsuits this year and investment challenges have significantly outnumbered recordkeeping fee challenges.... [There is] a trend toward lower settlements, including a growing number of six-figure settlements. "
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| 2. |
Mayer Brown
Oct. 7, 2025
"[W]hile motions to dismiss are still pending in dozens of cases, the growing majority of courts that have ruled on motions to dismiss have ruled in favor of plan sponsors ... (a 75 percent win-rate for plan sponsors). These dismissals have resulted in a growing number of appeals, with eight appeals now pending in four US Courts of Appeals.... [T]he plaintiffs' bar continues to file new forfeiture lawsuits, including six in September, for a total of 75 forfeiture lawsuits filed since September 2023."
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| 3. |
Mayer Brown
Sept. 1, 2025
"In total, 15 federal district courts in 13 states have now ruled on motions to dismiss in 22 forfeiture cases.... With dismissals leading denials by an overall count of 16-6, the motion to dismiss win-rate for plan sponsors continues to exceed 70 percent. [A table] includes an updated list of the 22 motion to dismiss rulings."
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| 4. |
Mayer Brown
Aug. 15, 2025
"Because PEPs are still a relatively new retirement plan arrangement, many smaller employers may not yet be aware of them, let alone understand how ERISA applies to them or how to review and select a potential PEP provider.... [T]he DOL stated it was issuing the RFI with the goal of addressing these challenges 'which may impede small employers from taking advantage of PEPs.' "
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| 5. |
Mayer Brown
Aug. 15, 2025
"[T]he SEC has historically limited how participant-directed defined contribution plans have been able to access most privately offered alternative investment vehicles.... Practically speaking, this guidance made it impracticable for any such fund to allow investment by participant-directed plans unless they complied with those requirements.2 The Order expressly contemplates the need for the SEC to revisit its existing guidance to facilitate access to alternative investments by defined contribution plans. "
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| 6. |
Mayer Brown
July 9, 2025
"While alternative investments, such as real estate or private equity, are typically illiquid, the higher rates of return offered by such investments may offset the illiquidity-related risks to DC plans and fiduciaries, particularly when a credit facility can mitigate much of the illiquidity concerns.... [The authors] discuss considerations for DC Fund sponsors and lenders in connection with a credit facility to a DC Fund and offer potential structural solutions."
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| 7. |
Mayer Brown
July 2, 2025
"Gender-affirming care, state laws regarding pharmacy benefit managers, and recent health and welfare litigation will all require sponsors and administrators of health plans to watch this space."
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| 8. |
Mayer Brown
July 2, 2025
"The Retirement Fairness for Charities and Educational Institutions Act of 2025 would expand the available investment options, allowing certain Section 403(b) plans to include collective investment trusts among the investment options offered to their participants. If enacted, this legislation will help redress the balance for Section 403(b) plan participants."
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| 9. |
Mayer Brown
June 15, 2025
"While it is unlikely that 401(k) plans ... will offer direct investments in cryptocurrencies in their plan lineups in the near future, participants may continue to seek exposure to cryptocurrencies through self-directed brokerage windows ... It also remains to be seen whether plans and asset managers will provide participants with exposure to cryptocurrencies by incorporating modest allocations to cryptocurrency investments in their blended or asset allocation funds, including target-date funds."
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| 10. |
Mayer Brown LLP via Lexology; registration required
Feb. 10, 2025
"Are there forms of equity compensation that are tax-advantageous or disadvantageous to employees or employers? ... Does equity-based compensation require registration or notice? Are exemptions, or simplified or expedited procedures available? ... Are there tax withholding requirements for equity-based awards? ... Are inter-company chargeback agreements between a non-local parent company and local affiliate common? What issues arise? ... Are employee stock purchase plans prevalent or available? If so, are there any frequently encountered issues with such arrangements?"
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