Our Blog - Surety Matters

  New trends in claims against retirement plans (and their fiduciaries) include allegations of imprudence related to investment fund choices. Even as excessive fee litigation claims brought in 2022 continue to clog up courts, new…
Read Moreabout New Theories of Liability

  Yes, the Department of Labor’s Employee Benefits Administration (EBSA) regularly pursues violations of ERISA, recovering funds for retirement plan participants. Civil corrections, litigation and even criminal indictments are all possibilities for plan fiduciaries under…
Read Moreabout ERISA: Civil Violations? 

  Despite hopes that a “heightened standard” for excessive fee claims would result in plan sponsors winning more motions for the dismissal of ERISA lawsuits, the fact is: plan sponsors are losing even more motions…
Read Moreabout Weeding Out Claims?

  Serving as an executor requires a commitment of time,  ideally, beginning when a will is made and the role accepted. Preparatory conversations about intentions and pragmatics, such as account information, will be a gift…
Read Moreabout Help for Executors: Probate Lawyers

  Generally, families want to respect the intentions of the deceased, though doing so can be easier said than done, as probate of Aretha Franklin’s estate illustrates. It has been over four years since her…
Read Moreabout Respecting the Intentions of The Deceased

  When accepting the request of a loved one or friend to serve as a trustee, keep in mind that the role comes with official, fiduciary obligations. In other words, as a trustee you are…
Read Moreabout Checklist for Trustees

  Most plan sponsors want the assets of retired workers to stay in the plan, but why would workers want to keep their assets with a former employer? Experts say it’s not rocket science: just…
Read Moreabout Keeping Assets In Plan: Rocket Science?

  Improper use of the ERISA Budget Account associated with an employer sponsored 401k plan, even if merely a mistake, is a fiduciary failure which can lead to investigations, penalties, and criminal charges brought by…
Read Moreabout Proper Use of the ERISA Budget Account

  Unfortunately, the death of a relative or friend can bring about unexpected reactions from beneficiaries–some of which can cost the estate a good deal of money, resulting in losses for other beneficiaries. Fortunately, in…
Read Moreabout Litigious Beneficiary