For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans. Not Knowing the...
The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...
In February, 2023, the Antitrust Division of the Department of Justice (“DOJ”) announced they are withdrawing three (3) antitrust policy statements – two of which date from the 1990s – which have been relied upon by healthcare providers and their counsel guiding them through their merger and...
BACKGROUND: The Rule - What It Means and What It Prohibits A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person to serve as a director of competing corporations. If certain conditions exist...
LATEST UPDATE The FTC has voted to extend the public comment period on its proposed rule to ban employers from imposing non-competes on their workers, and will now be accepting comments on the proposed rule until April 19, 2023. Comments can still be submitted in either writing or online using the...