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Cybersecurity and the role of ERISA fiduciaries


The Employee Retirement Income Security Act of 1974, as amended protects plan participant benefits and account balances by imposing high standards of care on the plan’s fiduciaries. Fiduciaries who do not follow these standards—most notably, the protection of participant personal and plan information—may be personally liable to restore losses to the plan.

Recent technological advancements, especially in the area of cybersecurity, however, have only now become the focus of most ERISA fiduciaries. Due to the increasing frequency and sophistication of cyber-related threats to employee benefit plans, their trustees and third-party plan administrators and the potential financial repercussions, compliance with ERISA fiduciary standards will require implementation of a prudent cyber risk management strategy.

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HHS Issues Updated Model Notices of Privacy Practices and Announces Part 2 Enforcement Program

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What Federal Mandates Apply to Our Company's Group Health Plan Other Than ERISA, COBRA, and HIPAA?

Many federal laws create mandates that may apply to your group health plan.

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The IRS has announced that it intends to issue proposed regulations regarding Trump Accounts (TAs)

12/11/2025

Who Must Receive SPDs for ERISA Health and Welfare Plans?

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What Employees Are Counted for Purposes of COBRA’s Small Employer Exception?

QUESTION: We understand there is a small employer exception to COBRA for employers with fewer than 20 employees. What employees should we count for purposes of this exception?

12/02/2025