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
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
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
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
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.
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
This is a very nice, well-balanced article by Kellie Mejdrich of Law360 on the question of adding private equity investments into 401(k) plans. I am quoted in it not so much as a naysayer on the idea, but more on the need for a little bit of skepticism and caution on the idea. To be
Walk softly and carry a big stick. Trust but verify. Never bring a knife to a gunfight.
People who know me, have read my blog regularly, heard me speak on ERISA issues, or been on a jury in a case I have tried, know that I am very fond of analogies, metaphors, short examples, and