Participant Data: Plan Asset or Fair Game for Recordkeepers to Use to Market Non-Plan Products?

CATHERINE REAGAN and R. BRADFORD HUSS, April 29, 2021   In an emerging theory of liability, plan fiduciaries’ treatment of participants’ personal data is coming under scrutiny. Over the last five years, we have seen how the collection of many individuals’ personal data can become a valuable asset in the right hands — whether it’s used […]

The Final Frontier: Adding a Retirement Tier

R. BRADFORD HUSS, CRAIG P. HOFFMAN, CATHERINE L. REAGAN, November, 2019  401(k) plans have been with us for almost 40 years. Over that time, the focus for most plans has been on helping participants accumulate savings that will be consumed in retirement. With the decline in defined benefit plans, 401(k) plans are providing a large […]