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There will always be an angle for ERISA litigators

There is this scene in Donnie Brasco when the crew has to make their take for the week and they try to hammer a New York City parking meter for the coins. This reminds me of certain ERISA litigators looking for more plan sponsor lawsuits. Thanks to fee dis...

Tell your TPA the whole story

There are good third-party administrators (TPAs) and bad ones. No matter how good your TPA is, they’re not a mind reader. So when it comes to providing information to your TPA, you need to level with them. If you don’t provide the necessary information ab...

Picking the cheapest provider can be a breach of fiduciary

When it comes to health and fitness, you constantly hear studies about what foods fight or cause ca...

The problem with plan investments and audits

Retirement plans with more than 100 participants with account balances require a CPA audit for thei...

A SIMPLE Plan isn’t so simple

Small business plans that require no testing such as a SIMPLE IRA sound great on paper, but they cr...

With some penalties, there is nothing I can do

Memorial Sloan Kettering is probably one of the top 5 cancer hospitals in the United States. If I e...

That last button on your 401(k) plan

As an attorney, I hate dressing up. If I could wear a sports jersey to meetings, I would. One thing...

Win, Lose, or Draw

As an ERISA attorney for 26 years, I have seen a lot of strange things that plan sponsors have done...

Breaking up with your TPA can be hard to do

The MTV reality series The Real World ended their opening intro with “to find out what happens…...

The beneficiary form and the need for no drama

As a plan sponsor, you need to ensure that participant beneficiary forms are up to date. It’s not...