Your ERISA Watch – Breach of Fiduciary Duty

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Raya v. Barka, No. 19-cv-2295-WQH-AHG, 2023 WL 27358 (S.D. Cal. Jan. 3, 2023) (Judge William Q. Hayes). On March 19, 2019, the Department of Labor informed the Calbiotech, Inc. 401(k) Profit Sharing Plan that it was opening an investigation into its operations. The Department’s letter informed the plan that it had found that Calbiotech and the […]

Tip of the Week

Guiding Your Loved Ones Through Tough Times: Estate Planning Consideration Wills and powers of attorney are two components of effective estate planning. Financial professionals are in a privileged position to identify roadblocks that prevent clients from establishing these critical components of an estate plan. When a client or loved ones are ill, incapacitated, or pass, […]

Final Rule on Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights

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Ernie Guerriero, CLU®,ChFC®,CEBS,CPC®,AIF®,RICP®  Today, the U.S. Department of Labor released a final rule under the Employee Retirement Income Security Act (ERISA) to empower plan fiduciaries to safeguard the savings of America’s workers by clarifying that fiduciaries may consider climate change and other environmental, social, and governance (ESG) factors when they make investment decisions and when […]

Your ERISA Watch – First Circuit Rules That Life Insurer Owed Fiduciary Duty to Make Timely Coverage Determination

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Shields v. United of Omaha Life Ins. Co., No. 21-1290, __ F.3d __, 2022 WL 4864522 (1st Cir. Oct. 4, 2022) (Before Circuit Judges Barron, Selya, and Gelpí) n May of this year, Your ERISA Watch analyzed Skelton v. Radisson Hotel Bloomington, in which the Eighth Circuit discussed the system by which employers and insurers divide the duties of […]

Tip of the Week

The Simplified Employee Pension (SEP) Plan Option It may surprise financial planners to know that small businesses are predominant in the United States. Sadly, however, too many small businesses do not offer a retirement plan to their workforce. Surveys frequently show that the reason small businesses don’t offer plans is because retirement programs are expensive […]

The Top 10 Things Mentally Strong Entrepreneurs Avoid

Anne Bachrach, The Accountability Coach Successful and mentally strong entrepreneurs don’t persevere through challenging times and reach new heights by accident.These people don’t always know what moves they need to make to establish themselves. But they recognize that knowing what to avoid is just as important as knowing what to do.Mentally strong entrepreneurs learn to […]

Your ERISA Watch – Goldman Sachs Wins Big on Summary Judgment in Case Challenging 401(k)’s Investments in Goldman Proprietary Funds

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Falberg v. The Goldman Sachs Grp., No. 19 Civ. 9910 (ER), 2022 WL 4280634 (S.D.N.Y. Sep. 14, 2022) (Judge Edgardo Ramos) Fee cases continue to dominate the world of ERISA pension litigation. In this week’s case of the week, Goldman Sachs obtains a complete and somewhat surprising win on summary judgment in a proposed class action […]

Your ERISA Watch – An ERISA Potboiler for Your End of Summer Reading Pleasure

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Harris v. Lincoln Nat’l Life Ins. Co., No. 21-13186, __ F.4th __, 2022 WL 3009199 (11th Cir. July 29, 2022) (Before Circuit Judges Jordan and Rosenbaum, and District Judge John Steele). ERISA is very specific about some things, but on others it is famously vague. For example, ERISA says that plan participants are allowed to bring […]