The ERISA Experts Blog

Fiduciary guidance, ERISA compliance updates, and governance commentary — written for plan sponsors, HR leaders, and CFOs who want to stay ahead of their exposure.

Independent Fiduciary

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…

Jewell Lim Esposito April 6, 2026 29 min read
Read article
Cybersecurity

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…

Jewell Lim Esposito April 6, 2026 34 min read
Read article
Litigation Trends

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…

Jewell Lim Esposito April 4, 2026 25 min read
Read article
Independent Fiduciary

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…

Jewell Lim Esposito April 2, 2026 17 min read
Read article
Prohibited Transactions

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…

Jewell Lim Esposito April 23, 2026 33 min read
Read article
Cybersecurity

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…

Jewell Lim Esposito April 23, 2026 27 min read
Read article
Prohibited Transactions

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…

Jewell Lim Esposito April 22, 2026 23 min read
Read article
Litigation Trends

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…

Jewell Lim Esposito April 19, 2026 29 min read
Read article
Cybersecurity

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…

Jewell Lim Esposito April 18, 2026 21 min read
Read article
Litigation Trends

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…

Jewell Lim Esposito April 13, 2026 18 min read
Read article

Talk to a fiduciary expert directly.

Our team answers questions about ERISA exposure, governance structure, and what independent fiduciary engagement actually looks like for your plan.

Contact Us

No obligation. Strictly confidential.