- A few years back, I first chaired
Five Favorites for Friday
This week, I cheated. I have known since Tuesday that I wasn’t going to have time to either blog or post on LinkedIn this week on even a small portion of the articles, ideas, podcasts and presentations that were crossing my desk and catching my eye. So I started writing this week’s Five Favorites for
Five Favorites for Friday
I really like a good theme. I can’t help it – it’s the trial lawyer in me. Frankly, I not only like a good theme in an opening and closing at trial, but in an oral argument on appeal or in an appeal brief. Themes help tremendously with communication, particularly in litigation.
So it won’t
Five Favorites for Friday
As I discussed in this earlier post just last Friday, I am now running a series of posts, each to be published on Friday, covering five articles of interest that I didn’t have time to write about – or write enough about – during the week just ending. This past week was busy and full
Five Favorites for Friday
I am launching a new series of posts on the blog, starting today, listing five topics from the week just ended that are worth paying attention to, but which any busy person might have missed during the preceding week. For each, I will include a link or two if you want to read more deeply
Best Practices for ERISA Plan Sponsors and Fiduciaries in a Changing World: A Cheat Sheet for Deciding Whether to Add Private Equity or Other Alternative Investments to Plans
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
What the Ninth Circuit’s Decision in Intel Tells Us About the Fiduciary Risks of Adding Private Equity Options to 401(k) Plans
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
Best Practices for ERISA Plan Sponsors and Fiduciaries in a Changing World: Using Insurance Wisely
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
Trump Administration Executive Order on Adding Private Equity Investments to 401(k) Plans
The big story in retirement investing is now the Trump administration’s push to have private equity investments added into 401(k) plans. This isn’t really a new story, as I have been writing about it since at least last November, but the intensity – as well as the media coverage – has now ramped up.
Using Interlocutory Appeals to Reduce the Scope and Cost of ERISA Class Action Litigation
One of the themes I have returned to time and again with regard to excessive fee and other class action litigation under ERISA is that the traditional litigation approach deployed for years by the plan sponsor community needs to be updated. With some variation, it has followed the traditional defense model typically used in class