Several lawsuits have been filed recently challenging 401(k) plan sponsors’ use of forfeitures to reduce employer contributions. (See, for example, McManus v. The Clorox Company, Case 4:23-cv-05325-YGR, N. D. Cal., filed 10/18/2023) This is a practice that has been permitted…

Recently, Cohen & Buckmann, P.C. partners Jeff Mamorsky and Gretchen Harders were interviewed by PLANSPONSOR magazine for the May 7th article “How Self-Auditing The Retirement Plan Prevents Compliance Issues Down The Line”. In the piece, they discuss how regular self-auditing…

Although employers, particularly financial institutions, hedge funds and private equity funds, use bonus claw backs as a tool for protecting corporate interests, there has been a trend of increasing employee protection, which may make recovery more complex.In her May 9,…

The Department of Labor has issued final regulations broadening who qualifies as a fiduciary under ERISA. Retirement Security Rule: Definition of an Investment Advice Fiduciary, §2510.3-21, 29 CFR Part 2510, RIN 1210-AC02, April 25, 2024.Already Being ChallengedThe regulations are…

IA Advertising: SEC’s DOE wants advisers to see the forest AND the trees – review those ads at least twice and from more than one angle. Recent exams results warn advisers not to use advertisements that are (i) materially misleading,…

Congratulations to Cohen & Buckmann Co-Founder Carol Buckmann on her appointment to the 2024 Law360 Benefits Editorial Advisory Board. The editorial advisory boards cover many practice areas and specific regions nationwide. In this role, Carol and other members will provide…

Our clients ask us this question every day “Is this Non-Compete Enforceable”?   The rules are clear in California (“no”), but in most other areas of the United States the answer are much more murky (“well, it depends on legitimate business…