Fiduciary guidance, ERISA compliance updates, and governance commentary — written for plan sponsors, HR leaders, and CFOs who want to stay ahead of their exposure.
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ERISA Fiduciary Duty and Cybersecurity: Your Step-by-Step Compliance Checklist
Last Updated: April 7, 2026 | By Jewell Esposito, ERISA Experts Inc ERISA Fiduciary Duty and Cybersecurity: Your Step-by-Step Compliance Checklist ERISA plan fiduciaries have a legally enforceable obligation to manage cybersecurity risks to plan assets and participant data.…
When Is an Independent Fiduciary Required? 7 Scenarios Under ERISA
When Is an Independent Fiduciary Required? 7 Scenarios Under ERISA By Jewell Esposito | April 6, 2026 | 12 min read An independent fiduciary is required under ERISA whenever a plan transaction involves conflicts…
DOL Cybersecurity Guidance for ERISA Plans: What Plan Sponsors Must Know in 2026
The Department of Labor’s cybersecurity guidance requires every ERISA plan sponsor — covering retirement plans and health and welfare plans — to implement 12 specific cybersecurity best practices or risk personal…
ERISA Fiduciary Litigation in 2025–2026: Record Lawsuits, New Targets, and What’s Next
Plaintiff firms filed 155 ERISA fiduciary class action lawsuits in 2025 — a near-record high — with health plan litigation surging to 22% of all filings for the first time ( Encore Fiduciary , 2026). That isn't just a…
What Is an Independent Fiduciary Obligation — And Why Does Your Retirement Plan Need One?
A near-record 155 ERISA fiduciary class-action lawsuits were filed in 2025 alone ( 401k Specialist Magazine , 2025). If you're a business owner or executive overseeing a retirement plan, that number should sharpen…
Independent Fiduciary for Prohibited Transactions: A Plain-English Guide (Draft)
An independent fiduciary is a third-party professional appointed to represent an ERISA plan's interests when a transaction involving the plan and a related party — known as a prohibited transaction — requires an…
DOL Cybersecurity Guidance Now Applies to Health & Welfare Plans: What Employers Must Do (Draft)
For three years, plan sponsors treated the DOL's 2021 Cybersecurity Program Best Practices as a 401(k) problem. If you sponsor a self-insured medical plan, a dental plan, a vision plan, a health FSA, an HRA, or any…
Independent Fiduciary for Plan Termination: Process, Requirements, and Costs (Draft)
An independent fiduciary for plan termination is a court- or sponsor-appointed ERISA fiduciary with no conflicting business relationship to the plan sponsor, service providers, or plan participants. Their sole duty…
Voluntary Benefits and ERISA: The New Wave of Fiduciary Lawsuits Explained (2026) (Draft)
What happened: On December 23, 2025, Schlichter Bogard LLC filed four ERISA class actions arguing that voluntary benefits (accident, critical illness, hospital indemnity, cancer policies) are ERISA plans and that…
Retirement Plan Data Breach Fiduciary Liability: What ERISA Fiduciaries Must Know (Draft)
When a retirement plan suffers a data breach, the financial and legal fallout extends well beyond the IT department. For plan fiduciaries — including CFOs, HR directors, benefits committees, and trustees — retirement…
How to Reduce ERISA Fiduciary Litigation Risk in 2026: 10 Proven Steps (Draft)
To reduce ERISA fiduciary litigation risk in 2026, plan sponsors should document a disciplined fiduciary process: meet quarterly with a written agenda, benchmark fees annually against market data, monitor recordkeeper…