It’s probably become obvious over the years to anyone that reads this blog regularly, that I love contracts. It was my favorite class during first year of law school (everyone else preferred torts, with its car crashes and the like) and one of the reasons I have spent decades litigating insurance coverage disputes is they

This week’s Five Favorites is very ERISA heavy. Sometimes that’s just the way the world spins, as there is a lot going on with retirement plans and ERISA litigation, even at the Supreme Court. A lot of it touches on some of my favorite topics, such as the role of the jury trial in ERISA

I am determined to finish my countdown of my ten most popular posts of 2025 while we are still within sight of the beginning of the year – in other words, before the calendar flips over to February.

So with that said, I am taking a break from drafting a number of complaints that I

There’s a lot of good content out there these days on the subjects that I care enough to write about here or on LinkedIn: AI and the practice of law, AI and insurance, ERISA litigation and exposures, insurance industry developments, and a number of other topics. I could have easily identified and included way more

Continuing with the countdown of the top ten most popular blog posts, LinkedIn posts and articles I published this year, we come to the ninth most popular, an article on LinkedIn from the summer which asked the question of “How is Private Equity Like a Coffee Frappe?

In addition to explaining that frappe

Last year, I did a top ten countdown of the ten most popular posts on this blog in 2024, inspired by how radio DJs in my youth would count down the top 100 songs of the year to close out the year. It was a lot of fun and people seemed to enjoy it

Financial expert turned professional writer Susan Mangiero has a new article out on the issue of adding alternative investments to 401(k) plans. It provides an excellent summary of the issues and is particularly helpful if you are new to the topic – it will get you up to speed quickly.

I make a guest appearance

In earlier posts in my Plan Sponsor and Fiduciary 2.0 series I promised to provide a cheat sheet for fiduciaries confronting the push to add private equity and other alternative assets to 401(k) plans.  Here it is, with a focus on private equity assets, because that is where most of the initial action currently is

Many commentators are suggesting that the recent executive order and the directive for regulatory action towards adding private equity and other alternative assets to 401(k) plans does not mean that those assets are destined to end up in 401(k) plans. But personally, I think that belief is almost certainly naïve – particularly with regard to

This is the third in my series of posts called Plan Sponsor and Fiduciary 2.0, which addresses how fiduciaries and plan sponsors should now be conducting themselves in light of operational changes, legal developments, and liability risks that have developed over the past ten to fifteen years. You can find the origin story behind this