Loss of Privilege: Another Reason Not to Give the "Company" a Fiducuiary Role
Posted: Friday, November 11, 2011
By: Gregory L. Ash
Topic: Fiduciary
In our efforts to help plan sponsors minimize fiduciary risk, we consistently advise against giving
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Unforeseen Legal Issues for On-Site Health Clinics
Posted: Wednesday, October 19, 2011
By: Gregory L. Ash
Topic: Health
As the cost of employer-provided health care continues to skyrocket, employers and their consultants
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Despite Obstacles, 401(k) Excessive Fee Lawsuits Proliferate
Posted: Monday, October 03, 2011
By: Gregory L. Ash
Topic: 401(k)
Although federal courts generally look skeptically at lawsuits challenging 401(k) plan fees
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Employer Stock Funds Continue to Vex 401(k) Fiduciaries
Posted: Friday, September 02, 2011
By: Gregory L. Ash
Topic: Fiduciary
Offering employees the opportunity to invest in the stock of their employer through a tax-favored
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Misplaced Enrollment Form Creates ERISA Liability for Sponsor
Posted: Tuesday, May 10, 2011
By: Gregory L. Ash
Topic: 401(k)
A small, Oklahoma-based employer recently learned that inattention to 401(k) plan governance can
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Selecting the 401(k) Fund Lineup Creates Risk and Opportunity
Posted: Wednesday, February 16, 2011
By: Gregory L. Ash
Topic: 401(k)
In late January the United States Court of Appeals for the Seventh Circuit (whose jurisdiction
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DOL Expands Definition of "Fiduciary"
Posted: Thursday, November 18, 2010
By: Gregory L. Ash
Topic: Fiduciary
In an effort to improve its enforcement efforts and better protect participants from service
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The Duty to Ask for a Better Deal
Posted: Tuesday, August 10, 2010
By: Gregory L. Ash
Topic: Fiduciary
When is it appropriate to accept the sticker price listed on a product without asking the salesman
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No Judicial Deference if Claim Denial is Untimely
Posted: Friday, November 20, 2009
By: Gregory L. Ash
Topic: ERISA
We are occasionally reminded that the claims and appeals procedures carefully spelled out in ERISA
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A Fiduciary Duty to Set Reasonable Executive Compensation?
Posted: Tuesday, August 18, 2009
By: Gregory L. Ash
Topic: Fiduciary
When corporate executives also serve as ERISA fiduciaries for employee stock ownership plans
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401(k) Fee Suits Travel Down Market
Posted: Tuesday, June 30, 2009
By: Gregory L. Ash
Topic: 401(k) Fees
A 401(k) fee lawsuit filed on June 26, 2009, in the District of Kansas may indicate a down market
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Fed's Bond Purchase Bad News for DB Plan Funding
Posted: Friday, March 20, 2009
By: Gregory L. Ash
Topic: Defined Benefit Plans
Sponsors of defined benefit plans who are struggling to live up to the Pension Protection Act's
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DOL Investment Advice and Fee Disclosure Regulations Stalled
Posted: Thursday, February 05, 2009
By: Gregory L. Ash
Topic: Investment
In a move that many expected, the Obama administration halted further consideration of proposed DOL
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Misleading Participants About Contributions is a Bad Idea
Posted: Wednesday, February 04, 2009
By: Gregory L. Ash
Topic: Fiduciary
Tough financial times may tempt many struggling employers to fudge a little when it comes to making
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How to Suspend a 401(k) Match -- The First Step
Posted: Monday, December 29, 2008
By: Gregory L. Ash
Topic: 401(k)
As employers search for ways to trim costs in these troubled economic times, one popular
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Procedural Prudence Saves the Day for Bechtel Fee Defendants
Posted: Monday, November 10, 2008
By: Gregory L. Ash
Topic: Fees
A federal court in California kicked the most significant 401(k) fee claims against Bechtel
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Lessons from LaRue: Individual Investment Loss Suits Unlikely
Posted: Wednesday, October 29, 2008
By: Gregory L. Ash
Topic: Litigation
Although the Supreme Court's landmark decision last term in LaRue v. DeWolff, Boberg &
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Class Certified in Bechtel 401(k) Fee Litigation
Posted: Tuesday, October 14, 2008
By: Gregory L. Ash
Topic: Fees
In another win for 401(k) fee plaintiffs, a judge in the Northern District of California has
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Victories for 401(k) Fee Plaintiffs
Posted: Friday, October 03, 2008
By: Gregory L. Ash
Topic: Fees
Three recent rulings in lawsuits that challenge the fee practices of 401(k) plans have plaintiffs
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Market Turmoil Brings Risk for 401(k) Fiduciaries
Posted: Thursday, September 18, 2008
By: Gregory L. Ash
Topic: Investment
As investors scramble to find safe places for their money, those who oversee 401(k) plan investment
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ERISA Preemption Continues to Confuse Courts
Posted: Monday, September 15, 2008
By: Gregory L. Ash
Topic: Preemption
The United States Supreme Court has issued more rulings interpreting ERISA's preemption clause than
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The Perils of 401(k) Brokerage Windows
Posted: Monday, September 08, 2008
By: Gregory L. Ash
Topic: 404(c)
The analysis of a federal district judge last year in a decision dismissing a class action complaint
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Strategies for Section 409A Compliance
Posted: Friday, August 29, 2008
By: Gregory L. Ash
Topic: 409A
As all but the “Rip Van Winkles” of the benefits community are aware, every nonqualified deferred
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Do You Know What’s in Your Money Market Fund?
Posted: Monday, August 18, 2008
By: Gregory L. Ash
Topic: Investment
The fiduciaries of a 401(k) plan sponsored by F.W. Webb Company, a plumbing and HVAC distributor in
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