Podcasts about erisa

Earlier this month, Jaime Santos joined Proskauer Rose, making her the latest in a series of appellate advocates to switch firms in 2026. She came from Goodwin, where she practiced for more than a dozen years and served as co-head of the Supreme Court and appellate practice.What led Jaime to make the move, and what does she think is driving all the lateral hiring in the space? With a new Supreme Court Term starting this coming Monday, which cases is she watching? And as the first ERISA and employee-benefits lawyer I've had on the podcast (after more than 100 episodes), what does she see as the key emerging issues in the field?Thanks to Jaime for such an interesting and inspiring conversation, and congratulations to her on joining Proskauer.Show notes:* Jaime Santos bio, Proskauer Rose LLP* Goodwin Supreme Court Group Chief Santos Bolts for Proskauer, by Meghan Tribe and Jacklyn Wille for Bloomberg Law* Proskauer Hires Goodwin Procter's Supreme Court Co-Head, by Kevin Penton for Law360Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 32 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Before the Disability Case Even Starts: The Hidden Gatekeeping Tools Carriers Use to Deny ERISA Claims.Before a judge looks at your medical records, your disability claim may already be in trouble - in ERISA cases, issues can begin with questions that have nothing to do with whether you're actually too sick or injured to work. Coverage, discretionary authority, and the definition of your occupation can determine the outcome of your claim even before a hearing. In this episode, three barriers reveal how disability claims can be shaped before medical issues come into play: an “active service” provision that ends coverage during leave or extended absence, discretionary language that changes how a court reviews the insurer's decision, and an occupational definition that can transform the work you actually performed into different work on paper. Even discretionary authority may fail to protect a decision when the wrong entity makes the determination. And when a claim reaches vocational analysis, labor market surveys and occupational classifications can redefine the physical and cognitive demands used to decide whether you can work. This episode explores how coverage rules, discretionary authority, and occupational framing function as filters in ERISA disability litigation, why these issues can matter before medical evidence is weighed, and how the structure of a disability plan can shape the outcome from the beginning.In this episode, we'll cover the following topics:One - The “You Weren't in Active Service, so We Don't Have to Pay You” Tool in the Disability Carrier's Denial ToolboxTwo - Reliance Blows Grant of Discretion in Breast Cancer and Fibromyalgia ERISA Disability ClaimThree - Games Disability Carriers, like Liberty, Play in Determining a Policyholder's Own Occupational Job Requirements, and Using Faulty Labor Market Surveys to Deny an ERISA Disability ClaimWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

In this episode of Friday Fiduciary Five, Eric Dyson talks about private assets in retirement plans as part of DOL-proposed guidance, Committee control vs. 3(38) discretionary authority, and investment policy statements as a control mechanism for the committee. Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting or by Executive Director Eric Dyson.

In this episode we answer emails from Mike, Jack, and Andrew.  We discuss how to do forecasting using the risk of a personal injury lawsuit as an example, why historians are generally bad a forecasting and a better approach than assuming causation, reveal Ferguson's Law to be a slippery slope argument, and explain how the 25x expenses rule fits real human behavior better than a mathematically correct 20x expenses calculation. Along the way we thank our donors to the Top of the T-shirt Campaign for the Father McKenna Center and go over the results.Links:Walk for McKenna:  Walk For McKenna - Father McKenna CenterUbiquity:  Ubiquity: Why Catastrophes Happen: Buchanan, Mark: 9780609809983: Amazon.com: BooksBreathless Unedited AI-Bot Summary:If you've ever caught yourself thinking “I know it's unlikely, but what if it happens to me,” this conversation is for you. We take three listener questions and use them to practice a skill that quietly drives good investing: forecasting risk with base rates and clear thinking instead of letting scary stories run the show.First, we dig into a classic retirement planning dilemma: keep an old 401(k) for ERISA creditor protection or roll it into IRAs for a simpler setup. We talk through the possibility effect, why asking random opinions often makes you more anxious, and how using AI research tools can quickly surface the kinds of statistics that bring a decision back down to earth. We also lay out the most practical line of defense for personal liability risk: a properly sized umbrella insurance policy that not only covers claims, but also pays for attorneys when you need them.Next, we tackle Ferguson's Law and the broader genre of “threshold” predictions about US decline, the dollar, and reserve currency fears. We explain why historians and famous experts can be compelling storytellers yet unreliable forecasters, why timeframes make or break any real prediction, and why the most useful response is not panic but diversification, including true diversifiers like managed futures and gold.We close with a psychological question about the 4% rule, safe withdrawal rate planning, and why we often point people to 25x annual expenses instead of 20x even if a higher withdrawal rate might pencil out on paper. If you want a calmer, more actionable way to think about risk parity style investing and retirement, subscribe, share the show with a friend, and leave a review.Support the show

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 31 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Prove It or Lose It: How Objective Evidence and Occupational Definitions Decide ERISA Disability Cases.You can be in real pain, under real medical care, and still lose your disability claim because you can't prove your disability in the exact language the policy requires. In ERISA cases, disability is a contractual concept, shaped by terms like “own occupation,” “material duties,” and “elimination period.” Those definitions don't only determine eligibility - they determine what evidence matters. In this episode, three different claims (a surgeon with post-accident back pain, a financial executive with multiple chronic conditions, and a nurse facing progressive impairment) reveal the same problem: insurers and courts focus on whether the medical record objectively documents functional limitations tied to occupational demands, not subjective complaints. Under ERISA's deferential standard of review, that distinction can be decisive. When the evidence doesn't clearly establish functional inability in the language of the plan, a denial may be upheld even when the claimant's condition is genuine, and another conclusion might also be reasonable. This episode explores the gap between being medically impaired and proving disability, why functional and objective evidence matters, and how the terms of an ERISA plan can shape the outcome of a claim. In disability litigation, you have to prove it in the way the policy requires.In this episode, we'll cover the following topics:One - Denial of Anesthesiologist's Disability Claim Because of Back Pain Upheld Due to Lack of Objective Evidence of DisabilityTwo - Director of Financial Operations Denied Own Occupation Benefits by Guardian Life Because She Did Not Prove She Was Disabled During the Elimination PeriodThree - Michigan Federal Court Overturns Unum's Claim That Policyholder Had Significantly Improved and Could Return to Her Gainful Occupation as a Clinical NurseWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

In this episode of Revamping Retirement, Audrey Wheat and Jennifer Doss sit down with ERISA Attorney Brandon Long of McAfee & Taft for a wide-ranging discussion on the issues shaping today's retirement plan landscape. Brandon shares insights on DOL enforcement priorities, the proposed designated investment alternatives rule, and key considerations for plan sponsors evaluating new products and services. The conversation also explores financial advisor search trends, evolving fiduciary responsibilities, and several litigation cases that could have significant implications for retirement plans.   Get more insights for retirement plan sponsors by subscribing to Revamping Retirement.

Fiduciary responsibility has always been a core part of running a retirement plan, but with continued litigation, an evolving investment landscape and changing regulatory expectations, staying on top of those responsibilities isn't getting any easier.So how can retirement plan advisors make fiduciary support an ongoing strategy rather than a one-time box to check? And what kind of support do they need to help their plan sponsor clients navigate that responsibility?Nathan Voris, head of go-to-market, sales and marketing for Morningstar Investment Management's retirement group, joins the 401(k) Specialist Pod(k)ast to explain how outsourced fiduciary support helps retirement plan advisors and sponsors manage risk, customize investment lineups and improve transparency.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 30 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into What Every Attorney Needs to Know Before They Stop Working (and File a Disability Claim).You don't lose disability benefits when you stop working - you can lose them before that, in how you describe your occupation, what your medical records say, or in the policy language you never read closely enough. For attorneys, the stakes can be higher: the analytical habits that make you effective in practice can sometimes create problems when you're trying to prove your own disability. In this episode, attorney Nancy Cavey examine what every attorney needs to understand before reducing hours or stepping away from practice, including the differences between ERISA and individual disability policies, why your specialty can matter more than your title, and how carriers evaluate the occupation you actually perform. Through real-world claims, she explores how definitions of “occupation,” “disability,” and the date you stopped working can shape the outcome of a claim. She also examines how attorneys can overanalyze, mischaracterize their own work, or inadvertently create inconsistencies that give insurers reasons to deny benefits. This episode is a practical look at how disability policies are interpreted, how claims are evaluated before they are submitted, and why understanding your policy (and accurately defining your occupation) can make the difference between securing benefits and losing them.In this episode, we'll cover the following topics:One - What Every Attorney Needs to Know Before They Stop Working and About the Disability Insurance Application ProcessTwo - The Five Major Issues Which Must Be Addressed at the OutsetThree - Attorneys and Disability ClaimsWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

In this episode, Suzanne Spradley and Chase Cannon explore the growing interest in value-based pricing models for health plans, including bundled payments, capitation, and outcome-based arrangements. The two discuss how these models aim to connect payment with quality and cost outcomes, while highlighting the ERISA fiduciary, contracting, PBM transparency, HIPAA, and plan document considerations that sponsors should evaluate before adopting them. Listeners will come away with a practical understanding of both the promise and the compliance challenges of moving beyond traditional fee-for-service arrangements.

The price stated in a letter of intent is not guaranteed. Once due diligence begins, unresolved legal and operational risks can reduce the purchase price, create holdbacks, delay closing, or end the deal. M&A attorneys Gwen Griggs and Whitney Harper explain how sellers can prepare for legal due diligence before going to market. They discuss the risks buyers examine, including entity records, contracts, intellectual property, workforce classification, insurance, ERISA matters, and successor liability. They also explain how an organized data room and an early risk review can protect value, reduce deal fatigue, and make the transaction easier to negotiate. View the complete show notes for this episode. Want To Learn More? The Deal ADVantage ADVOS Legal Gwen Griggs on LinkedIn Whitney Harper on LinkedIn Additional Resources Selling your business? Schedule a free consultation today. Sign up for an Assessment and Valuation of Your Business. Courses: The Art & Science of Selling a Business Download The Art of The Exit: The Complete Guide to Selling Your Business Download Acquired: The Art of Selling a Business With $10 Million to $100 Million in Revenue If you have any topic or guest suggestions, please email them to podcast@morganandwestfield.com. This episode provides general information only and does not constitute legal, tax, accounting, or other professional advice. The guests' views are their own and do not necessarily reflect the views of Morgan & Westfield.

The next big lawsuit headline in employee benefits may not name the employer first. It may name the broker.We sit down with Ron Peck, Chief Legal Officer at The PHIA Group, to make sense of rising ERISA fiduciary liability pressure on self-funded health plans and the advisors who support them. The twist Ron keeps coming back to is that the legal “ingredients” have been around for years, from retirement plan cases to suits targeting TPAs and other service providers. What's changing is the target list, plus the creativity of plaintiffs' firms applying an established ERISA playbook to health plan cost drivers and vendor relationships.We get practical about what actually creates fiduciary status: discretion, control, and decision-making power over plan assets or administration. A disclaimer in a contract helps only if our behavior matches it. That leads to concrete safeguards brokers can use immediately, like documenting options, clarifying who makes the final call, and keeping our own records so a client can't later say “my broker made all the decisions.” From there, we connect fiduciary duty to cost containment basics that often get ignored, including subrogation and other recovery programs where leaving money on the table can look like a failure to follow plan terms and a failure of prudent asset management.Finally, we zoom out to what's next: PBM transparency pressure, out-of-network claims governance, and an emerging No Surprises Act risk where plans pay through the federal process when the claim never qualified. If you advise employer-sponsored health plans, this conversation is a must-listen for staying valuable without accidentally becoming the decision-maker. Subscribe, share this with a colleague, and leave a review with the biggest fiduciary risk you think advisors are underestimating.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 29 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Occupational Duties and the Hidden Standards of Disability Claims.You can have a serious medical condition and still lose your disability claim. In ERISA cases, it's not just about whether you're disabled, it's about how your occupation, medical evidence, and policy language define disability in the first place. In this episode, we discuss three layers that can control the outcome of a disability claim: how occupational duties are defined, what counts as acceptable medical proof, and how courts and insurance carriers interpret an individual's ability to work. Through real cases, we examine how claimants can lose benefits even when they cannot return to their own occupation, and why the description of an occupation can matter more than the underlying medical condition. These cases reveal how legal standards, medical evidence, and occupational descriptions intersect, and how the meaning of “ability to work” can ultimately determine whether disability benefits are won or lost. This episode offers a closer look at the factors that shape ERISA disability claims and provides insight into why a diagnosis alone may not be enough to secure benefits.In this episode, we'll cover the following topics:One - Challenging a Disability Carrier's Denial of Disability Insurance Benefits on the Basis That the Carrier Failed to Consider the Policyholder's Essential Work FunctionsTwo - Does Your FedEx Disability Plan Require That Your Disability Claim “Be Substantiated by Significant Objective Medical Findings?”Three - Does an Inability to Do Even Sedentary Work In a Social Security Case Render You Permanently Totally Disabled Under ERISA Plans?Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

In this episode of The Benefits Brief, host David Saltzman sits down with Frank Pennachio, principal with Gaffney Hill Consulting, to explore the often-overlooked fiduciary risks facing employers with self-funded health plans. Frank explains why stop-loss insurance does not protect plan fiduciaries from personal liability, how the Consolidated Appropriations Act has increased expectations around transparency and oversight, and where fiduciary exposure can hide in contracts and vendor relationships. He also shares practical guidance for benefits advisors on documenting a prudent process, coordinating with property and casualty professionals and ERISA counsel, reviewing fiduciary liability coverage, and helping clients better understand and manage their risk.

In this solo episode, Eric Dyson unveils Polaris, a governance framework designed to turn IPS language into disciplined, principled fiduciary action.In this episode, Eric discusses:Mission and focus of 90 North ConsultingWhy investment policy statements matter under ERISAThe concept of structured discretion in IPS languageDocumentation, monitoring, and fiduciary governanceHow Polaris evaluates and strengthens investment policy statementsKey Takeaways:An investment policy statement is more than a legal or investment document; it is fundamentally a fiduciary governance document that should help fiduciaries make better decisions.Overly rigid IPS language can force imprudent outcomes, while overly flexible language undermines governance; the goal is “structured discretion” that creates clear decision points.Under ERISA, drafting and determining the terms of an IPS is itself a fiduciary act, and fiduciaries must generally act in accordance with the IPS as a governing document.Good governance is not only about prudent decisions but also about documenting the process in a way that demonstrates care, skill, prudence, and diligence if later scrutinized.Polaris provides a multi-lens framework—trust law, ERISA, DOL guidance, and investment governance best practices—to clarify responsibilities, delegation, and monitoring without simply making the IPS longer.“Documentation is not a substitute for prudence; it's evidence that the prudent process actually occurred.” - Eric DysonConnect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast are general in nature and are provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting or by Executive Director Eric Dyson.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 28 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into The Hartford Playbook: Surveillance, IMEs, and Claim Terminations.Disability benefits are a financial safety net when an illness or injury prevents someone from working. But even after a claim has been approved and benefits are being paid, insurers may continue to scrutinize a claimant's condition, medical records, and daily activities in search of grounds to terminate those benefits. In this episode, attorney Nancy Cavey pulls back the curtain on what some attorneys call “The Hartford Playbook”, a pattern of surveillance, independent medical examinations, paper reviews, and claim terminations that has repeatedly been challenged in federal court. Through three real Hartford disability cases, attorney Cavey examines how surveillance footage, statements from treating physicians, changes in plan administration, and reviews of years of medical records can become the basis for terminating Long-Term Disability benefits. Together, these cases reveal common strategies insurers may use to challenge claims and the legal arguments that can arise when benefits are placed at risk. This episode offers a closer look at the scrutiny that can continue after a claim is approved and provides insights for anyone receiving or relying on Long-Term Disability benefits.In this episode, we'll cover the following topics:One - Hartford IME Dooms Residential Treatment Nurse's Claim for Continuing Disability ERISA Disability Benefits - The Triple Tap Defense GameTwo - What Hartford Did When a Policyholder's Doctor Said "He Was Hopeful the Policyholder Could Return to Work In Six Months"Three - Change in Employer and Plan Administrator to Hartford Results in Claim Denial of Benefits After Five Years of Continuous Payment of BenefitsWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Couples can spend years planning the wedding, yet barely consider the financial contract that begins the moment they say "I do." And here's the catch: there is no such thing as having no agreement. If you don't write your own, the state effectively writes one for you. In this episode of The Valley Current®, host Jack Russo explores the legal minefield of prenuptial agreements across 50 states, Washington, D.C., and Puerto Rico, where crossing a border can dramatically change the rules. Jack examines what can make these agreements hold up or fall apart, from financial disclosure and independent counsel to the hidden ERISA trap that can derail even a carefully drafted plan. A prenup isn't planning for divorce. It's insurance against letting geography, circumstance, and someone else's rules decide your financial future. Jack Russo Managing Partner Jrusso@computerlaw.com www.computerlaw.com https://www.linkedin.com/in/jackrusso "Every Entrepreneur Imagines a Better World"®️  

Tod Ruble from Custodia breaks down hybrid capital structures, 3(38) fiduciary responsibilities, and what advisors need to know about plan custodian security after the TrueStage cyber disaster. Learn the real risks and pricing models. In this episode, host JD Carlson sits down with Tod Ruble to explore Custodia's role in the 401(k) ecosystem and the growing complexity of 3(38) fiduciary arrangements. We dig into what hybrid capital means for plan sponsors, the specific fiduciary responsibilities advisors take on when recommending custodial services, and the pricing models that actually work in the field. Tod also walks us through the TrueStage cybersecurity incident: what happened, the timeline, and what it means for transparency and trust in the industry. We don't shy away from the hard questions: participant loan defaults, loan insurance products, ACH payment security, and loan portability all get the Retireholics treatment. Whether you're a TPA, plan sponsor, recordkeeper, or advisor, this conversation covers critical ERISA compliance considerations and practical custodian selection criteria. Plus, we test some new AI-powered compliance monitoring tools in our "Dope or Nope" segment. Perfect for anyone managing fiduciary risk or evaluating custodial partners. Grab a cold one and tune in. CHAPTERS 0:00 Cold open and introductions 4:08 Introducing guest Tod Ruble 9:28 Opening toast and guideline discussion 10:58 Custodia and hybrid capital explained 15:43 3(38) fiduciary responsibilities and risks 21:29 Pricing for 3(38) services 33:31 TrueStage cyber security debacle 39:33 Timeline and transparency issues 43:51 Participant loan defaults and accessibility 47:33 Loan insurance product overview 53:24 ACH payments and loan portability 1:01:38 Dope or nope segment begins 1:10:27 AI tools for compliance monitoring 1:15:30 Closing remarks and thank yous MORE FROM RETIREHOLICS Full episode notes & transcript: https://retireholics.com/episodes/tod-ruble-custodia-338-fiduciary-risks-cyber-retireholics/ All past episodes: https://retireholics.com/episodes/ Live every 1st & 3rd Thursday at 4:30pm PT: https://retireholics.com/live/ Get show reminders: https://retireholics.com/get-reminders/ SUBSCRIBE YouTube: https://www.youtube.com/@Retireholics Apple Podcasts: https://podcasts.apple.com/us/podcast/retireholics/id1490618217 Podbean: https://retireholiks.podbean.com/ Retireholics is the show changing the retirement industry one beer at a time. Hosted by JD Carlson and co-hosts, covering 401(k) plan design, fiduciary responsibility, fees, investments, and industry news for retirement plan advisors and professionals.

Sheri Fitts joins JD Carlson to break down stretch matches vs. non-elective contributions, fiduciary responsibilities, and the latest on pooled employer plans. Essential listening for 401(k) advisors staying ahead of plan design trends. In this episode, Sheri Fitts dives deep into critical plan design strategies that every 401(k) advisor needs to master. We explore the nuances of stretch match versus non-elective contribution approaches, and when to deploy each strategy for your clients. A major highlight: Fred Reish's breakdown of 3(38) fiduciary duties and what they mean for your advisory practice. Understanding fiduciary responsibilities under ERISA is non-negotiable, and this segment cuts through the complexity. We also tackle the evolving landscape of target date funds and alternative assets, discussing how to position these solutions for plan sponsors. Plus, hear Sheri's perspective on personal branding in financial services, a competitive edge many advisors overlook. Rounding out the conversation: Strong Point Partners TPA tools, advisor technology and data integration challenges, pooled employer plans (PEPs) and their role in plan innovation, and key takeaways from the Nashville conference. Whether you're a TPA, plan sponsor, recordkeeper, or independent advisor, this episode delivers actionable insights on compliance, plan design strategy, and building your practice in a competitive market. CHAPTERS 0:00 Cold Open and Welcome Back 6:24 Stretch Match vs. Non Elective Contributions 15:35 Fred Reish on 3(38) Fiduciary Duties 23:48 Target Date Funds and Alternative Assets 25:52 Nashville Conference Recap and Gratitude 28:07 Personal Branding in Financial Services 38:38 Strong Point Partners TPA Tools 43:12 Advisor Technology and Data Integration 56:37 Industry Updates and Conference Drops 1:01:39 Pooled Employer Plans, Innovation or Packaging 1:10:03 Wrap Up and Thanks MORE FROM RETIREHOLICS Full episode notes & transcript: https://retireholics.com/episodes/sheri-fitts-plan-design-fiduciary-duties-peps-retireholics/ All past episodes: https://retireholics.com/episodes/ Live every 1st & 3rd Thursday at 4:30pm PT: https://retireholics.com/live/ Get show reminders: https://retireholics.com/get-reminders/ SUBSCRIBE YouTube: https://www.youtube.com/@Retireholics Apple Podcasts: https://podcasts.apple.com/us/podcast/retireholics/id1490618217 Podbean: https://retireholiks.podbean.com/ Retireholics is the show changing the retirement industry one beer at a time. Hosted by JD Carlson and co-hosts, covering 401(k) plan design, fiduciary responsibility, fees, investments, and industry news for retirement plan advisors and professionals.

In this episode, Suzanne Spradley and Chase Cannon discuss the rise of value-based care (VBC) arrangements and break down the compliance considerations employers should consider when implementing them. Suzanne begins with a description of ERISA's fiduciary obligations as they relate to VBC arrangements. Chase and Suzanne then discuss how a fiduciary checklist can assist with those obligations, as well as the other compliance rules that need to be reviewed in connection with VBC arrangements.

Send us Fan MailWhat happens when invisible disabilities collide with corporate policies? Join Mark Carey and his insightful guest as they unravel the gripping case of Cheryl O'Connor versus Metropolitan Life Insurance Company, shedding light on the often-overlooked struggles of employees grappling with long term disability. Cheryl's sudden hearing loss and the cognitive overload that ensued left her unable to fulfill her role as a senior director at Salesforce, exposing the inadequacies of corporate insurance evaluations that rely on outdated metrics. This episode goes beyond the surface, diving deep into the systemic issues within the employment landscape that leave employees vulnerable to discrimination and inadequate support. With the increasing cognitive demands of modern work, particularly in an era dominated by automation and AI, the conversation critiques MetLife's handling of O'Connor's disability claim. We explore how their reliance on paper doctors failed to address her cognitive challenges, emphasizing the urgent need for a shift in how insurance companies assess claims related to long term disability. Listeners will gain valuable insights into the critical importance of documenting the real-world impacts of disabilities and the necessity for corporate empathy in the workplace. This episode serves as a cautionary tale for employees navigating the complexities of employment law, severance negotiations, and disability rights in the workplace. We discuss the essential tools for employee advocacy and empowerment, ensuring that your rights are protected against workplace discrimination, hostile environments, and retaliation. Whether you're an employee facing challenges related to long term disability, a manager seeking to foster a more inclusive workplace culture, or simply someone interested in understanding the intricacies of employment law, this episode is packed with essential information. Tune in for insider tips on negotiating severance packages, understanding employment contracts, and advocating for reasonable accommodations in the face of discrimination. Don't let your voice go unheard—join us as we challenge the status quo and empower employees to take charge of their careers and well-being. This is not just a podcast; it's a movement for workplace survival and employee rights. Listen now to equip yourself with the knowledge and tools necessary to navigate the often murky waters of employment issues, and ensure that you are prepared to advocate for yourself and others in the face of adversity.  If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, X and LinkedIn.  We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will help other employees find the Employee Survival Guide.  For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer:  For educational use only, not intended to be legal advice. 

In this episode of Friday Fiduciary Five, Eric Dyson unpacks the seventh signature principle of fiduciary leadership: the “innovation conundrum.” He explains that while innovation in retirement plans can be valuable, it is not automatically a proven solution and must be evaluated as a tool to solve clearly defined problems. Drawing on Department of Labor public comments and ERISA litigation experience, Eric stresses that added complexity, cost, and uncertainty demand stronger evidence of improved participant outcomes. He concludes that fiduciaries should first execute the basics extraordinarily well and treat innovation as something to be carefully evaluated, not blindly pursued or reflexively avoided.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting or by Executive Director Eric Dyson.

Got questions? Send Ericka a Text!Less than 1% of denials get appealed in the real world, yet regulators have found appeal reversal rates that should stop every dental office in its tracks. We pull apart what that contradiction tells us: denials are not just “one-off mistakes,” they can be a business model that survives on provider exhaustion, unclear standards, and paperwork loops that quietly delay payment until you give up.We walk through the hidden source material most billers never read market conduct examinations, consent orders, and enforcement actions where the state audits the insurance carrier and publishes what it finds. From “sequential” documentation requests to denial language that fails to explain what would make a claim payable, these reports turn gut feelings into quotable evidence. We also explain why a fine is effectively a written confession: it shows which behavior could not survive an audit and gives you leverage to reverse engineer your next appeal and escalation.Then we get practical. Clean claim is a legal term tied to prompt pay law, and understanding it changes how you respond to additional information requests designed to stop the clock. We share two calm questions you can use immediately: ask for the filed policy provision that supports the denial, and ask which licensed clinician reviewed the claim and whether they reviewed the submitted documentation. Finally, we zoom out to pattern recognition: denial rates, overturn rates, time-to-payment, and filing complaints with the right regulator based on plan type, including ERISA self-funded plans and the US Department of Labor.If you want smarter dental billing appeals and stronger denial management, listen now, subscribe for more, and share this with a biller who is tired of water-gun tactics. What denial pattern are you seeing most in your office? Interested in a Demo of Dentiq - The Billing Command Center? Get on the interest list here:https://4063-dentiq.systeme.io/waitlistGet your Dental Billing Toolkit Here:https://www.dentalbillingdoneright.com/the-dental-billing-toolkitDownload "The Most Underused Codes in Dentistry - And How to Get Them Paid" checklist here:https://docs.google.com/forms/d/e/1FAIpQLSfxnnfSlNd0NPhMoBWq-1D_xU5R8LS4xPhHNKIjfLQwStOUag/viewform?usp=headerSchedule a billing chat with Ericka:https://calendly.com/ericka-dentalbillingdoneright/30minEmail Ericka:ericka@dentalbillingdoneright.comEmail Jen:jen@dentalbillingdoneright.com

What is the one critical thing your employees care about deeply that you might be completely overlooking?This is Invested at Work: Off the Cuff. Unscripted and top-of-mind, where industry leaders share candid perspectives on the realities of scaling businesses, managing total compensation strategies and navigating the complexities of leadership.This week: Aaron Schumm, founder, CEO and chairman of Vestwell.To hear the full story of how Aaron is rebuilding workplace savings from the ground up, check out his full interview with host Rodney Bolden, available right now in your feed.For more conversations on the future of workplace financial benefits, make sure to follow or subscribe to Invested at Work. Share this episode with a colleague, and visit us at morganstanley.com/atwork to unlock the power of your organization's benefits.Visit Vestwell.com to learn more about workplace savings vehicles.Visit MorganStanley.com/atwork for more insights on workplace financial benefits.Invested at Work is brought to you by Morgan Stanley at Work, hosted by Rodney Bolden. Our executive producers are Fiona Kelsey and Lisa Boyce, and our associate producer is Ive Jones. Our production partner is Sequel Media Inc.#investedatworkpodcast #employeebenefits #workplacebenefits #sharemorganstanleyThis podcast episode is for informational/educational purposes only and is not investment, legal, or tax advice. Participants in this podcast are not compensated and are not affiliated with Morgan Stanley. The guest speaker (Aaron Schumm/Vestwell) is an external guest; the views expressed are solely his own and do not represent Morgan Stanley's views.Nothing in the episode should be construed as a recommendation or solicitation to buy/sell any security, adopt any investment strategy, or implement any particular plan design; listeners should consider their own circumstances and consult appropriate professionals.The discussion is general in nature and not intended to address any particular individual/entity's circumstances.Morgan Stanley Smith Barney LLC and its affiliates and Financial Advisors/Private Wealth Advisors do not provide tax or legal advice; tax laws are complex and subject to change; consult a tax advisor/attorney.Information contained herein is based on data from multiple sources considered to be reliable and Morgan Stanley Smith Barney LLC (“Morgan Stanley”) makes no representation as to the accuracy or completeness of data from sources outside of Morgan Stanley.When Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Financial Advisors and Private Wealth Advisors (collectively, “Morgan Stanley”) provide “investment advice” regarding a retirement or welfare benefit plan account, an individual retirement account or a Coverdell education savings account (“Retirement Account”), Morgan Stanley is a “fiduciary” as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and/or the Internal Revenue Code of 1986 (the “Code”), as applicable. When Morgan Stanley provides investment education, takes orders on an unsolicited basis or otherwise does not provide “investment advice”, Morgan Stanley will not be considered a “fiduciary” under ERISA and/or the Code. For more information regarding Morgan Stanley's role with respect to a Retirement Account, please visit www.morganstanley.com/disclosures/dol. Tax laws are complex and subject to change. Morgan Stanley does not provide tax or legal advice. Individuals are encouraged to consult their tax and legal advisors (a) before establishing a Retirement Account, and (b) regarding any potential tax, ERISA and related consequences of any investments or other transactions made with respect to a Retirement Account.This episode discusses legislation and regulatory initiatives—such as the “savers match,” child savings accounts/“Trump accounts,” “Trump IRA,” ERISA-related provisions, and the “in-plan vs. out-of-plan” emergency savings framework—those references are provided for general informational purposes only and are not intended as legal, tax, or compliance advice.Any discussion of laws, regulations, proposed rules, or government programs reflects general commentary and may not reflect the most current legal or regulatory developments.Laws and regulations are complex, may be amended, and may be subject to different interpretations by regulators, courts, plan fiduciaries, and other parties; guidance and enforcement priorities may also change over time.Accordingly, listeners should not rely on the episode as a substitute for professional advice, and should consult their own qualified legal counsel, tax advisor, ERISA counsel, or other appropriate professional regarding their specific circumstances and any plan design, eligibility, or implementation questions (including questions related to ERISA provisions, leave/eligibility rules, and emergency savings design considerations).Any examples or observations about how a law or rule operates in practice (including commentary that certain approaches may be “unworkable” or difficult to implement) are general perspectives and may not apply to all employers, plans, providers, or jurisdictions.©2026 Morgan Stanley Smith Barney LLC. Member SIPC. CRC#5528084 07/2026

As everyone is well aware, healthcare, particularly acute care (think: hospitals) has become increasingly more unaffordable. For the four-year period ending next year ERISA or employer-sponsored health insurance plans will increase employee premiums by ~25%; this year the average employee family premium is ~$27,000; by the end of this year six million are expected to lose ACA coverage; and, to really on one's surprise a recent survey found less half of Americans, regardless of income, believe they have the ability to pay for needed medical visits. The answer seems to be legislating hospital price transparency. Earlier this month both the House Energy and Commerce and the Senate Health, Education Labor and Pensions (HELP) committees passed price T bills out of committee. Regarding the Senate effort, HELP Committee Chair, Dr. Bill Cassidy, stated, “I'm very optimistic that it will pass . . . and I'm confident that it will."Information on Turquoise Health is at: https://turquoise.health/patients. Testimony presented during the June 10 House E&C hearing noted during this interview is at: https://democrats-energycommerce.house.gov/committee-activity/hearings/hearing-lowering-health-care-costs-all-americans-examining-policies. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.thehealthcarepolicypodcast.com

Work with Paul: Schedule a 30-minute conversation When was the last time you actually read the beneficiary designation on your 401(k) at your previous employer? In May, I sent every family I work with a current readout of their beneficiary designations across every account I track for them. It was the highest-response email I sent all year. For some families, everything was clean. For others, there were gaps we addressed that week. In this episode, I walk through what's actually on those forms, why a beneficiary designation overrides your will, and the technical points that catch busy working families off guard: ERISA spousal consent on 401(k)s, the HSA tax bomb for non-spouse beneficiaries, the SECURE Act 2.0 ten-year rule now in full enforcement, and the difference between per stirpes and per capita. The action this week is simple. Pull up the beneficiary designation on one account, any account, and just read it. If you can't find it, that's the result. Then set a recurring calendar reminder once a year to do the same for every account in the household. Connect with Paul If you're a working parent juggling a senior-level career and a growing family, and you're tired of coordinating four different advisors to manage your finances, I offer complimentary 30-minute conversations. Schedule one here. For resources discussed in this episode, visit tammacapital.com/podcast. Follow Paul on LinkedIn. Resources Featured in This Episode: Why Stories Move Us More Than Numbers Why Quiet Time Is Your Most Valuable Financial Skill Your Biggest Financial Risk Isn't the Market

As the Department of Labor reshapes how fiduciaries evaluate 401(k) investments, committees and advisors can't afford to wing it. In this episode, Michael Welz breaks down the proposed DOL safe harbor, the six-factor framework, and what it really means to prudently add alternatives and private assets to defined contribution plans.In this episode, Eric and Michael Welz discuss:Background and intent of the proposed DOL guidanceSix-factor safe harbor framework for investment selectionApplying risk-adjusted returns and appropriate time framesIncorporating private assets into defined contribution plansInvestment policy statements, due diligence, and ERISA litigation riskKey Takeaways:The proposed DOL regulation focuses less on picking “perfect” investments and more on whether fiduciaries follow a prudent, well-documented process.Evaluating performance now explicitly addresses risk-adjusted returns over an appropriate time frame, rather than just raw performance versus benchmarks.The proposed DOL guidance can be considered “investment option neutral” for DC plans, provided liquidity, valuation, and complexity are properly understood and documented.Investment policy statements are the core roadmap for due diligence, and many committees need to revisit and realign them with the new six-factor framework.By aligning committee processes with the proposed safe harbor, fiduciaries can both expand investment menus and potentially reduce excessive ERISA litigation risk.“On presumption of prudence, the process is the important part, not a checklist.” - Michael WelzMichael Welz is President of USI Consulting Group and USI Advisors, Inc., leading the firm's overall direction, strategy, and institutional investment solutions. With over 25 years of investment management experience, he oversees portfolio strategies, market research, and asset allocation, notably incorporating behavioral finance into defined contribution plan consulting. He previously served as USI Advisors' Chief Investment Officer and National Practice Leader for USICG's defined contribution group following a decade with major financial firms. Michael holds a master's equivalent in economics from the University of Cologne, holds CFA, CAIA, and CIMA credentials, and maintains FINRA Series 7, 63, and 65 licenses.Connect with Michael Welz:Website: https://www.usicg.com/ LinkedIn: https://www.linkedin.com/in/michael-welz-cfa-12997821/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast are general in nature and are provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting, or of Executive Director Eric Dyson.

If you believe that making anything work better takes regular attention, then you believe it for your own practice. Doing a periodic practice assessment is healthy and worth it, but where do you start? What do you focus on? My guest today helps his clients do practice assessments, and he'll answer these questions for us. David Zetter is the founder and President of Zetter HealthCare, LLC in Mechanicsburg, PA and has over 24 years of operational and healthcare experience. David is nationally recognized for his speaking, presentations and healthcare business expertise. He is well versed in regulatory requirements, revenue cycle management, credentialing and contracting, compliance, coding and documentation. He is considered an expert on Medicare, not only by his clients, but also through consultant colleagues and healthcare attorneys across the country. David is an expert on ERISA regulations, which protect over 80% of the claims in the US, and he knows how to stop payor recoupments dead in their tracks and what is legal and illegal in many payor contracts. David's firm works with healthcare professional clients and facilities coast to coast, in all areas of practice and facility management. In this episode Carl White and David Zetter discuss: Why the goal of a practice assessment is to find inefficiencies and remove them Where a good place to start is with an assessment  Other tips – how often should an assessment be done? Do the whole practice or parts? Etc. Want to be a guest on PracticeCare®? Have an experience with a business issue you think others will benefit from? Come on PracticeCare® and tell the world! Here's the link where you can get the process started. Connect with David Zetter https://zetter.com/ Connect with Carl White Website: http://www.marketvisorygroup.com Email:  whitec@marketvisorygroup.com Facebook:  https://www.facebook.com/marketvisorygroup YouTube: https://www.youtube.com/channel/UCD9BLCu_i2ezBj1ktUHVmig LinkedIn: http://www.linkedin.com/in/healthcaremktg

In this episode, Chase Cannon and Suzanne Spradley discuss the Department of Labor's proposed new electronic disclosure safe harbor for ERISA group health plans. Chase begins with some background on the current DOL electronic disclosure rules. Then, the two discuss how the proposal could modernize the delivery of required health plan notices, reduce reliance on paper disclosures, and give employers a new notice-and-access option while preserving important participant protections. They also cover practical considerations for employers, including covered documents, website requirements, bounced electronic notices, privacy concerns, and what the final rule might look like.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 27 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into When Life Changes Fast: How to Protect Your Financial Future (With Guest Glen Golish).Financial planning is often built on the expectation that income will remain steady over time. But when a disability, serious illness, or other unexpected life event disrupts that income, even carefully constructed financial plans can be put to the test. In this episode, attorney Nancy Cavey is joined by Glen Golish, LUTCF®, CFBS®, BSP, to examine how financial planning strategies should adapt when someone transitions from earning a paycheck to relying on Long-Term Disability benefits. Together, they explore financial gaps that can emerge during this transition, the role life insurance and long-term care planning can play in creating greater flexibility and security, and the costly decisions people often postpone until it's too late. This episode explores practical planning strategies and common pitfalls and offers valuable insights for anyone seeking to build a financial plan that can withstand life's uncertainties.In this episode, we'll cover the following topics:One - From Income Protection to Financial Strategy Two - Tools for Financial Protection Three - Avoiding Pitfalls and Planning Ahead Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Most fiduciaries are handed enormous responsibility with almost no practical training. In this episode, you'll learn what it really means to be an “intelligent fiduciary” — and how to move beyond box‑checking to truly serving participants while protecting yourself from litigation.In this episode, Eric and Carol Buckmann discuss:Fiduciary training gap under ERISA and why it mattersThe three core traits of an “intelligent fiduciary”Practical RFPs and monitoring service providersProhibited transactions, 408(b)(2), and Cunningham v. CornellService provider myths and emerging risks in welfare benefit plansKey Takeaways:ERISA plan fiduciaries are held to some of the highest legal standards despite having no built-in requirement for training, which creates a potentially dangerous knowledge gap for committee members.An “intelligent fiduciary” is committed to best practices, prioritizes participants' interests above all else, and stays current on legal and investment developments.Regular RFPs and systematic evaluation of service providers are not optional extras; they are core fiduciary functions that often require outside experts to do well.Prohibited transaction rules are highly technical, and even arrangements that feel “fair” can be violations if they involve related parties and don't fit within an exemption.Welfare benefit plans and pharmacy benefit arrangements are becoming hot targets for litigation, making it increasingly important to have clear governance, disclosures, and specialized oversight.“You can't be an intelligent fiduciary if you don't engage outside experts when you need them.” - Carol BuckmannCarol Buckmann is a co-founding partner of Cohen & Buckmann p.c. and Chair of its Fiduciary and Plan Governance practice. With more than 40 years of experience, much of it at major law firms, she is widely recognized for her expertise in plan qualification and design, fiduciary responsibilities and investment fund formation, advising global and U.S. companies on complex problems. Carol writes for the firm's blog, Insights, contributes to Bar association comment letters and industry publications such as Law 360, Practical Law, and LEXIS Practice Advisor, and speaks frequently at industry events. She serves on Worldwide Employee Benefits' National Board and Law 360's Employee Benefits Advisory Board and has written a practical guide for fiduciaries available on Amazon called The Intelligent Fiduciary. Carol Buckmann is a co-founding partner of Cohen & Buckmann p.c. and Chair of its Fiduciary and Plan Governance practice. With more than 40 years of experience, much of it at major law firms, she is widely recognized for her expertise in plan qualification and design, fiduciary responsibilities and investment fund formation, advising global and U.S. companies on complex problems. Carol writes for the firm's blog, Insights, contributes to Bar association comment letters and industry publications such as Law 360, Practical Law, and LEXIS Practice Advisor, and speaks frequently at industry events. She serves on Worldwide Employee Benefits' National Board and Law 360's Employee Benefits Advisory Board and has written a practical guide for fiduciaries available on Amazon called The Intelligent Fiduciary. Author, The Intelligent Fiduciary- Your Guide to ERISA Fiduciary Duties.The Intelligent Fiduciary makes ERISA responsibilities easier to understand and apply. Learn more about the book here: https://us.amazon.com/Intelligent-Fiduciary-Practices-Navigating-Responsibilities/dp/B0HB5TLJ4F Connect with Carol Buckmann:Website: https://cohenbuckmann.com/carol-i-buckmann LinkedIn: https://www.linkedin.com/in/carol-buckmann-6b44276/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.c

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 26 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into ERISA Disability Appeals: What the Insurance Company Hopes You Never Learn.Claimants appealing the denial of Long-Term Disability benefits under ERISA feel overwhelmed by insurance companies that appear to control every aspect of the claims process. Yet, insurers are bound by federal regulations that govern how disability claims must be evaluated, and understanding those rules can make all the difference during an appeal. In this episode, attorney Nancy Cavey takes an in-depth look at the hidden mechanics of the ERISA disability appeals process by examining the tactics insurers commonly use to deny claims and the legal standards that can be used to challenge those decisions. Through the analysis of three recent federal court cases, she explains how claimants can identify insurer strategies, build stronger appeals, and better protect their rights while pursuing the disability benefits they deserve.In this episode, we'll cover the following topics:One - Title 29 of the Code of Federal Regulations, Section 2560.503-1Two - Three Federal Court Cases That Exposed the Insurance Company PlaybookThree - Building Your ERISA Survival Playbook Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

“You're taking a 50-plus-year-old industry and flipping it on its head and saying, ‘We're going to redo this from the ground up.'” Aaron Schumm, founder, CEO and chairman of Vestwell, is shaking things up when it comes to modernizing workplace savings solutions. As inflation concerns rise and workforce demands shift, traditional benefits packages are no longer enough. In this episode, Aaron joins host Rodney Bolden to share how fintech innovation is allowing companies to build flexible, automated benefits frameworks that can help relieve employee financial stress, improve retention and scale seamlessly with organizational growth. At Vestwell, Aaron leads a fintech unicorn currently anchoring customizable benefits for over half a million businesses and two million individual savers. Having previously scaled the wealth management technology platform FolioDynamix, Aaron transitioned to the workplace benefits sector after recognizing systemic inefficiencies in how employee savings plans were administered. Visit Vestwell.com to learn more about workplace savings vehicles. Visit MorganStanley.com/atwork for more insights on workplace financial benefits. Invested at Work is brought to you by Morgan Stanley at Work, hosted by Rodney Bolden. Our executive producers are Fiona Kelsey and Lisa Boyce, and our associate producer is Ive Jones. Our production partner is Sequel Media Inc.This podcast episode is for informational/educational purposes only and is not investment, legal, or tax advice. Participants in this podcast are not compensated and are not affiliated with Morgan Stanley. The guest speaker (Aaron Schumm/Vestwell) is an external guest; the views expressed are solely his own and do not represent Morgan Stanley's views. Nothing in the episode should be construed as a recommendation or solicitation to buy/sell any security, adopt any investment strategy, or implement any particular plan design; listeners should consider their own circumstances and consult appropriate professionals. The discussion is general in nature and not intended to address any particular individual/entity's circumstances. Morgan Stanley Smith Barney LLC and its affiliates and Financial Advisors/Private Wealth Advisors do not provide tax or legal advice; tax laws are complex and subject to change; consult a tax advisor/attorney. Information contained herein is based on data from multiple sources considered to be reliable and Morgan Stanley Smith Barney LLC (“Morgan Stanley”) makes no representation as to the accuracy or completeness of data from sources outside of Morgan Stanley. When Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Financial Advisors and Private Wealth Advisors (collectively, “Morgan Stanley”) provide “investment advice” regarding a retirement or welfare benefit plan account, an individual retirement account or a Coverdell education savings account (“Retirement Account”), Morgan Stanley is a “fiduciary” as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and/or the Internal Revenue Code of 1986 (the “Code”), as applicable. When Morgan Stanley provides investment education, takes orders on an unsolicited basis or otherwise does not provide “investment advice”, Morgan Stanley will not be considered a “fiduciary” under ERISA and/or the Code. For more information regarding Morgan Stanley's role with respect to a Retirement Account, please visit www.morganstanley.com/disclosures/dol. Tax laws are complex and subject to change. Morgan Stanley does not provide tax or legal advice. Individuals are encouraged to consult their tax and legal advisors (a) before establishing a Retirement Account, and (b) regarding any potential tax, ERISA and related consequences of any investments or other transactions made with respect to a Retirement Account. This episode discusses legislation and regulatory initiatives—such as the “savers match,” child savings accounts/“Trump accounts,” “Trump IRA,” ERISA-related provisions, and the “in-plan vs. out-of-plan” emergency savings framework—those references are provided for general informational purposes only and are not intended as legal, tax, or compliance advice. Any discussion of laws, regulations, proposed rules, or government programs reflects general commentary and may not reflect the most current legal or regulatory developments.Laws and regulations are complex, may be amended, and may be subject to different interpretations by regulators, courts, plan fiduciaries, and other parties; guidance and enforcement priorities may also change over time. Accordingly, listeners should not rely on the episode as a substitute for professional advice, and should consult their own qualified legal counsel, tax advisor, ERISA counsel, or other appropriate professional regarding their specific circumstances and any plan design, eligibility, or implementation questions (including questions related to ERISA provisions, leave/eligibility rules, and emergency savings design considerations). Any examples or observations about how a law or rule operates in practice (including commentary that certain approaches may be “unworkable” or difficult to implement) are general perspectives and may not apply to all employers, plans, providers, or jurisdictions. ©2026 Morgan Stanley Smith Barney LLC. Member SIPC. CRC#5528084 07/2026

The moment you open your doors, you take on risk. Most business owners put basic coverage in place when they started the company and haven't given it a real look since. Meanwhile the business has grown, the exposures have changed, and the broker who sold the policy only calls at renewal. In this episode of Your Wealth and Beyond, Andrew Rafal and Brian Hartstein continue the Four Corners of Business Owner Planning series with the Risk Management Corner. They cover property and casualty coverage, cybersecurity, workers' comp, business interruption, and the quiet items like the 401(k) plan bond that someone on your team should be watching. Like the CPA and the attorney, insurance brokers are event-driven. This conversation is about who fills the monitoring role, what questions to bring to your broker, and how to make sure your coverage fits the business you run today rather than the one you started. In this podcast interview, you'll learn: Why coverage needs shift as a business moves from startup to growth to established, and why the package you bought at formation may not fit anymore. Why a lighting company and a financial firm have completely different cybersecurity and business interruption priorities. How to think about the choice between a large national brokerage and a boutique specialty firm. Why renewal quotes are usually similar across brokers, and why service is the real differentiator. How to approach the decision between filing a claim and handling a small loss inside the business. Why deductible levels should be a strategic decision rather than a default setting. How workers' comp modification factors work and why an inaccurate rating can cost a business for years. The 401(k) ERISA bond gap that shows up as plans grow, and who should be monitoring it. Find All Episode Resources Here: www.bayntree.com/126 Download the free Entrepreneur's Financial Planning Checklist: www.bayntree.com/download/entrepreneurs-financial-planning-checklist This episode is for informational and educational purposes only. Bayntree Wealth Advisors and its representatives do not provide legal or tax advice. Nothing discussed in this episode should be construed as legal or tax guidance specific to your situation. Any references to tax code provisions, entity structures, or planning strategies are general in nature and may not apply to your circumstances. Please consult a qualified attorney and/or tax professional before making any decisions about your specific situation. Investment advice is offered through Bayntree Wealth Advisors LLC, a registered investment advisor. Insurance and annuity products are offered separately through Bayntree Planning Group LLC.

In this week's episode of the Empowering Plans podcast, attorneys Brady Bizarro and Brian O'Hara break down the Third Circuit's recent decision in Ahn v. Cigna and what it means for ERISA preemption and explanation of benefits (EOB) language.

What can plan sponsors (and advisors) learn from litigation?  As it turns out, a lot – even if you aren't responsible for a billion-dollar plan.There are, of course, things to be learned from litigation.  We've learned that the plaintiffs' bar doesn't (always) knowhow to calculate fees (they rely on Form 5500), doesn't know how to calculate performance, and doesn't appreciate important distinctions in target-date fund glidepaths.  Though some do, of course. But the lessons drawn from litigation can serve as a reminder that fiduciaries should never assume, and never take anything for granted.  Particularly not only what the law allows, but what the plandocument permits.In a special edition of the Nevin & Fred podcast (or, if you prefer, a special edition of Prime Capital's The Reish Brief), Nevin (Adams) and Fred (Reish) cover a wide range of topics with plenty of lessons to learn.  We're talking about things like:1. Annual Beneficiary Checkups: Treat beneficiary designations like milk in the fridge—check them at least annually (and after marriage/divorce), because tiny “paperwork sins” like using 33⅓% instead of whole numbers can void the change and send everyone to court.2. Zombie Beneficiary Cleanup: Don't let auto-enrollment create “beneficiary-less zombies” in your plan; track thepercentage of participants missing designations and run a recurring campaign to get them completed before a claim turns into a family feud.3. Documented Prudence Wins: Win lawsuits the boring way: hold regular (often quarterly) committee meetings, usean IPS that guides without handcuffing you, hire qualified advisors, keep written reports, and document why you kept or replaced investments—because ERISA wants prudence, not psychic powers.4. Defensible Glidepath Choices: Target-date funds can be sued for being too conservative when markets soar and too aggressive when markets tank, so pick a glidepath based onworkforce demographics/industry realities and communicate the “why” to participants like Intel did.5. Forfeiture Compliance Trap: Forfeitures are the new litigation piñata: confirm your plan is using forfeitures exactlyas the document says today, and prepare for upcoming restatements that may force you to hardwire a specific forfeiture-use method instead of “we'll decide later.”That's right – all that – and more!Episode Resources:Court Says Call Center Communication Didn't Change Beneficiary Designation.Appellate Court Backs Beneficiary DesignationBeneficiary Disclosures Trigger Fiduciary Breach Suit, AppealSeason 4 Episode 2 "Glidepaths and 'Guide' Paths” | Nevin & Fred % %Season 5 Episode 7: Nevin & Fred – Has the Forfeiture Tide Turned? | Nevin & Fred % %  

Got questions? Send Ericka a Text!Less than 1% of denied dental claims ever get appealed and insurance companies are counting on you to be in the other 99%. I walk you through the denial management mindset shift that changes everything: stop treating the third appeal like the edge of the map and start using the tools that actually hold payers accountable, including your state insurance commissioner for fully insured plans. We get practical and specific about what makes a denial “unreasonable” or “bad faith” and how to spot the pattern: benefits are active, eligibility is confirmed, documentation supports dental necessity, and the claim still comes back denied. I also explain why we start with state and federal laws before we obsess over codes, because language like prompt pay, network leasing, and silent PPO issues gives your conversations more weight. Then we clean up common risk areas by separating an honest mistake, a contract violation, and fraud, because mixing those up can put a practice in real trouble. From there, we talk tactics: why copy-and-paste appeal templates can work against you in a world where insurers use AI to review claims, and what to use instead. Think ICD-10 diagnosis codes, strong narratives, and patient-specific clinical details that make your claim defensible. Finally, I share documented enforcement examples, including a major fine tied to undisclosed “phantom” frequency limits, and why complaints to regulators compound over time. If you want a denial process that protects patients and stops leaving money on the table, listen all the way through, then subscribe, share this with your office team, and leave a review so more billers learn how to escalate the right way.Sources referenced in this episode:Appeal rate / upheld rate: KFF analysis of CMS data — fewer than 1% of denied ACA marketplace claims are appealed; insurers uphold ~56% of appeals (2023 data), 66% (2024 data). Medicare Advantage: ~57% of appealed denials overturned. (On air we used these instead of the "59% upheld because nobody appealed" framing, which conflated the appeal rate with the uphold-on-appeal rate.)Delta Dental of Washington: Washington State Office of the Insurance Commissioner fined Delta Dental + its health care benefits manager (Wyssta) $130,000 (Oct/Nov 2024) for, among other things, denying claims based on time/frequency limits not filed with or approved by the state; 7 service types and 50 billing codes had undisclosed limits. Triggered by consumer complaints. This is an actual regulatory fine.Self-funded vs. fully insured (the "federal path" mention): The commissioner regulates fully insured plans. Self-funded employer plans fall under federal ERISA law and route to the U.S. Department of Labor (EBSA) instead, not the state commissioner. This is covered in depth in the full denial management talk, not this episode. (Government and church plans are a further exception.)Cigna PxDx: 2023 class action (E.D. Cal.), citing ProPublica reporting — ~300,000 denials in two months, avg. 1.2 seconds per claim, "we literally click and submit." Court allowed the case to proceed March 2025 (abuse of discretion). This is litigation, not a fine — described on air as a lawsuit/court ruling.UnitedHealth nH Predict: Class action (D. Minn.) alleging a 90% error rate on the AI tool and that ~0.2% of policyholders appeal. Court ordered algorithm disclosure in 2026. Allegations in active litigation — stated as such on air.The "0.2% will appeal" motive appears in both the Cigna and UnitedHealth complaints as an allegation of intent. Interested in a Demo of Dentiq - The Billing Command Center? Get on the interest list here:https://4063-dentiq.systeme.io/waitlistGet your Dental Billing Toolkit Here:https://www.dentalbillingdoneright.com/the-dental-billing-toolkitDownload "The Most Underused Codes in Dentistry - And How to Get Them Paid" checklist here:https://docs.google.com/forms/d/e/1FAIpQLSfxnnfSlNd0NPhMoBWq-1D_xU5R8LS4xPhHNKIjfLQwStOUag/viewform?usp=headerSchedule a billing chat with Ericka:https://calendly.com/ericka-dentalbillingdoneright/30minEmail Ericka:ericka@dentalbillingdoneright.comEmail Jen:jen@dentalbillingdoneright.com

In this episode, Suzanne Spradley and Chase Cannon discuss the usage of artificial intelligence (AI) in plan-related administrative tasks. Suzanne begins with an outline of how carriers, vendors, TPAs, and employers as plan sponsors are currently using AI. Suzanne and Chase discuss the impact AI might have on an employer plan sponsor's ERISA fiduciary obligations, including the duties of prudence, loyalty, and monitoring, particularly in the context of adverse benefit determinations. The two close with a discussion on AI's impact on other compliance laws, including HIPAA and the mental health parity rules.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 25 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into Unum Exposed: The Tactics Behind Disability Claim Denials.Claimants pursuing Long-Term Disability benefits face more than the burden of proving they cannot work, as they must also contend with insurers that aggressively scrutinize medical evidence, reinterpret policy provisions, and use procedural tactics to justify claim denials. In this episode, attorney Nancy Cavey examines how Unum evaluates disability claims by analyzing three recent federal court decisions that reveal common strategies used to challenge claims. By exploring these cases, she explains how claimants can anticipate insurer tactics, strengthen their evidence, prepare themselves, and protect their rights throughout the disability claims process.In this episode, we'll cover the following topics:One - Introduction to 29 CFR and Why It Is Important in ERISA CasesTwo - A Summary of Three Cases, the Games That Unum Tried to Play, and What the Courts RuledThree - What ERISA Policyholders Can Learn From These Three CasesWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

DOL ERISA Regulations 2026: What Every Fiduciary, Investor & Plan Sponsor Needs to Know Major new proposed regulations from the Department of Labor are currently under review, and they could significantly impact how retirement plans are managed and how private assets are utilized. In this informative interview, administrative law expert and former DOL senior staffer Andrew joins the program to break down the massive 40,000+ public comment docket. He explains the new asset-neutral framework, the potential inclusion of private market assets in target-date funds, how these rules serve as a legal safe harbor against rising ERISA litigation risk, and what this means for the future of 401(k) plans. Whether you're a financial advisor navigating fiduciary duties, a sophisticated investment consultant, a plan sponsor, or anyone focused on institutional retirement planning, this conversation provides practical guidance to help you maximize portfolio diversification while avoiding regulatory pitfalls.

Scott Galloway doesn't do soft-pedal advice. In this Greatest Hits conversation, the NYU professor, entrepreneur, investor, and author of The Algebra of Wealth joins Joe to talk about why building wealth is less about chasing passion, picking the perfect stock, or waiting for retirement -- and more about focus, discipline, diversification, time, and relationships. Before that, Joe and OG dig into a 401(k) lawsuit involving AllianceBernstein and why comparing your portfolio to the wrong benchmark can send your plan sideways. Later, Alex calls in with a big early-retirement question: how do you access retirement money before age 59 and a half without triggering penalties?What You'll Walk Away WithWhy Scott Galloway says money is not the story -- it's the ink in the pen that can help you build deeper relationships with less anxietyThe "follow your passion" problem: why Scott believes young people should look first for talent, certification, and industries where they can become excellentWhy boring careers can create extraordinary lives -- especially when they offer income, stability, and room to build optionsScott's wealth equation: focus, stoicism, diversification, and time -- and why each piece matters more than trying to look brilliant for one lucky momentThe savings muscle: why measuring spending, gamifying saving, and surrounding yourself with the right people can change behavior faster than good intentions aloneWhy diversification is financial Kevlar -- it may not make you look like a hero, but it can keep one bad investment from becoming a fatal woundThe retirement myth Scott wants to burn down: why the goal isn't necessarily to stop working, but to make work a choice instead of a trapThe 401(k) benchmarking lesson: why Joe and OG say your benchmark should be your goal, not whichever index happened to win over the last decadeWhy chasing the S&P 500 because it recently crushed everything else can become dangerous when you forget that market leadership rotatesWhat the AllianceBernstein lawsuit teaches participants: ERISA protects against imprudence, not against every disappointing stretch of market performanceAlex's early-retirement question: the difference between accessing 401(k) money after separation from service at age 55 and using SEPP rules before thenWhy substantially equal periodic payments can work -- but also why OG says you want experienced help before touching those rulesWhy splitting IRA assets into separate buckets may create more flexibility for early-retirement income planningWhy This Matters NowA lot of people want the shortcut: the best stock, the best index, the perfect retirement number, the magic career move. Scott Galloway's message is more durable than that. Build skills. Save consistently. Avoid lifestyle traps. Diversify. Give time room to work. Keep the people around you strong. That's not flashy, but it is the kind of advice that still works when the market, the economy, and your life refuse to cooperate.From the BasementJoe and OG start with a retirement-plan lawsuit that turns into a bigger conversation about how Stackers should judge their own portfolios. Then Scott Galloway pulls up a chair at the card table to talk about wealth, work, saving, relationships, his mom, Sizzler, bourbon, Tom Petty, and why you don't need to be a hero to build real financial security. Doug brings trivia about the first camera phone, plus a few modeling notes of his own. Later, Alex asks how early retirees can tap retirement accounts before 59 and a half, and the basement joke-off marches toward its dramatic, deeply mathematical conclusion.Resources MentionedScott Galloway -- The Algebra of WealthStacking Benjamins Newsletter, The 201 -- stackingbenjamins.com/201OG financial planning calendar -- stackingbenjamins.com/ogStacking Benjamins voicemail line -- stackingbenjamins.com/voicemailStacking Benjamins Community, The Basement -- stackingbenjamins.com/basementStacking Benjamins YouTube channel -- youtube.com/stackingbenjaminsInvestmentNews article by Emil Halasz on the AllianceBernstein 401(k) lawsuitJL Collins -- The Simple Path to WealthPaul Merriman and Peter Mallouk -- referenced during the benchmarking and diversification discussionIRS Rule 72(t) / SEPP rules -- referenced for early retirement account withdrawalsSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

DR1THINGS WE MISSEDThe meritocracy is still a lie: ‘Don't look at the résumé': Elon Musk admits he's ‘fallen prey' to flashy credentials and says conversation matters most when hiring“Generally, what I tell people—I tell myself, I guess, aspirationally—is, don't look at the résumé,” he said. “Just believe your interaction. The résumé may seem very impressive…but if the conversation after 20 minutes is not ‘Wow,' you should believe the conversation, not the paper.”“I think goodness of heart is important.”Four Black women. Nine degrees. Not one steady paycheck.The president promised to save “Black jobs,” but his policies have resulted in fresh pain for the Black middle class as the employment gap widens.Study: Women are more likely to get hired after taking GLP-1sZuck still sucks: Mark Zuckerberg Sure Sounds Eager to Get Young People Hooked on Online GamblingThe Meta CEO is developing a social network betting market app—and wants help from Polymarket and Kalshi.Starbucks “Actively Reassessing” 2030 Climate GoalStarbucks initially unveiled its climate goal in 2020, targeting a 50% reduction in Scope 1, 2 and 3 emissions by 2030, on a 2019 basis.While the company's impact report indicates that it has succeeded in cutting operational emissions, with Scope 1 and 2 falling 17% since 2019, wider value chain emissions have continued to climb, with Scope 3 rising by 8% since 2019. With Scope 3 accounting for over 90% of overall emissions, Starbucks has seen its GHG footprint grow by 7% overall since 2019.The reassessment of the goal comes as the company takes “a fresh, comprehensive look at our sustainability goals,” according to a blog post by Starbucks' Chief Sustainability and Social Impact Officer Kelly Goodejohn, as part of the company's ‘Back to Starbucks' strategy initiated by CEO Brain Niccol. From the Impact Report:Overall Grants from the Starbucks FoundationFY25 $13.6M ($31M)FY24 $21.4M ($96M)Delaware Court of Chancery Interprets New Section 144 and Applies Heightened Presumption of Director IndependenceThe Opinion arose in a common context in Delaware stockholder litigation: claims over director and management compensation. In the decision, Vice Chancellor Lori W. Will applied, for the first time, the statute's heightened presumption of independence for directors of public companies determined by the board to be independent under the relevant NYSE or Nasdaq listing standards to dismiss derivative claims on demand futility grounds.In conducting the demand futility analysis, which looks to whether a majority of the board can independently consider a stockholder demand to bring derivative litigation, the Court reasoned that the new statutory language requiring a plaintiff to plead “substantial and particularized facts” to rebut the “heightened” presumption of independence sets a higher bar than under pre-existing law. Specifically, the Court held that the addition of “substantial” to the existing standard that already required particularized facts meant that “a plaintiff must plead specific, non-conclusory facts of sufficient qualitative significance to support a reasonable inference of a material interest or relationship that would impair the director's objective judgment.” The Court was clear that it is not a matter of quantity but rather quality, observing that “a collection of trivial facts” will not rise to the level of materiality required to satisfy this “heightened” standard. Applying that standard to the facts in the case, the Court concluded that the plaintiff's allegations of various overlapping board positions, overlapping investments, and other “business ties” with the company's founder and non-executive chairman were not sufficiently material.DR2The Boardroom Buy-InThe Taser CEO Who Says AI Is the Future of PolicingTaser and body-cam king Rick Smith is betting Axon's dominance—and his own pay package—on his tech-driven vision66% influenceRick Smith: Every 30 seconds one of his Tasers is fired by somebody in the U.S., usually a police officer.The pay package he and his board put together catapulted him to the top of last year's list of the highest-paid CEOs, with a compensation package valued at $164.4 million.33% no 2025; 10% no 2026Smith has already hit three of seven goals. At the end of 2025, Axon estimated the shares underlying the full award could be worth nearly $386 million.IN: Not a dictatorshipOne share one voteBlackRock 9.3%The Vanguard Group 11.6%Patrick Smith 3.5 %OUT: Patrick Smith 66% influence MMWith Chair Michael Garnreiter (2006-); sits on Audit, Compensation Committee, and Nominating committeesCompensation Committee chair Hadi Partovi (2010-): Smith (‘91) and Partovi (‘94) both members of the Theta Eta chapter of Sigma Chi at HarvardOUT: Patrick Smith ignores his board: In the wake of the tragic 2022 school shooting in Uvalde, Texas, Smith announced that Axon would begin developing Taser-equipped drones that could fly into classrooms to incapacitate active shooters.This decision was made unilaterally, bypassing Axon's own independent AI Ethics Board.The board issued a rare, public rebuke of Smith, accusing him of "trading on the tragedy" of school shootings to push a dangerous idea.Consequently, 9 of the 12 ethics board members resigned in protest, citing a total loss of faith in Axon's ability to act responsibly.Smith was forced to publicly back down and pause the project. IN: The CEO Performance award was specifically voted on in 2024 and passed, barely, but it passed: 50.1% yesNintendo Boss to Give Sweeping 10% Salary Raise to Retain EmployeesWhile most of the players in the gaming industry continue to hemorrhage jobs, Nintendo is opting to take a different path. The Kyoto-based gaming giant has recently announced a 10% increase to base salaries for its employees, a move that highlights its commitment to talent retention while everyone else is laying off employees.Nintendo president Shuntaro Furukawa made the announcement during a recent shareholder meeting, emphasising that maintaining competitive compensation is central to the company's strategy. The raise applies to the company's workforce, which has grown to over 8,200 employees, the highest headcount in Nintendo's history.IN: CEO Shuntaro Furukawa's (18%) annual executive compensation at Nintendo generally totals around $2.5MOUT: 63% of shares held by institutional investors. What the hell do these suits know about video games? IN: Of six outside directors, 3 are women (20% average in Japan)IN: Because they literally have questions like this at their annual meeting, in fact it was the first one: “With the release of Splatoon Raiders approaching, how does Nintendo evaluate the previous title, Splatoon 3? Some players experienced communication errors and discrepancies in hit detection in that title. I feel that Nintendo's response to these issues may not have been consistent with “sincerity,” one of the values in the Nintendo DNA.”Copart CEO Jeff Liaw to step down, Jay Adair to returnCEO Jeff Liaw will step down from his position and leave the board of directors effective July 31, 2026.Executive Chairman Jay Adair to resume the CEO role on the same date. Adair previously served as Copart's CEO. Liaw will assist with the transition as Special Advisor to Adair.Liaw has been with the online vehicle auction company for approximately a decade, serving first as CFO, then as President, before becoming the company's third CEO.OUT: Leadership messiness, highlighted by a boomerang CEO and so much more:The board has a Chair (founder Willis Johnson 40%) AND an Executive Chair: Willis' son-in-law and co-founder and boomerang CEO Jay Adair 38%The board also included resigning CEO/former CFO Jeff Liaw and former COO Jim Meeks and former Copart executive Steve CohanIN: a boomerang marks a return to the glory days?former CEO Liaw is actually leaving the boardStock price down 50% over past few yearsOUT: A dumb board for an online car auction company:12 directors5 are former or current executivesOne independent director with an car experience: sort of.Matt Blunt is the president of the American Automobile Policy Council, which represents the public policy interests of Stellantis N.V., Ford Motor Company, and General Motors CompanyServed as the governor of the State of Missouri from 2005 to 2009.Only 2 women.3 directors involved as a private inverter or venture capitalIN: CEO Pay Ratio is 46:1Liaw $2.1MAdair $432k for certain benefits MM1Things We MissedDOL's Replacement ESG Rule Reaches White HouseThe rule isn't interesting in and of itself - it reverts to Trump's prior rule in his first term that basically said ESG (E+S really) is dumb, and that everything must be "pecuniary focused”But the interesting part this time around:Trump also signed an executive order in December 2025 directing the DOL to tighten fiduciary rules governing proxy voting and to increase transparency about plan sponsors' use of proxy advisers. The department issued a technical release in April warning that proxy advisory firms may be subject to ERISA fiduciary standards and that proxy voting is a fiduciary act under the law that must be carried out “for the exclusive purpose of maximizing risk-adjusted return.”From the technical release in April: The Department has long recognized that voting rights and other shareholder rights attributable to shares held by ERISA-governed employee benefit plans are plan assets in their own right. Accordingly, management of those rights is subject to ERISA's fiduciary duties, including the duties of prudence and loyalty. The Department first issued guidance on this topic in the 1980s. For example, a 1988 letter (Avon Letter) noted that “it is the Department's position that the decision as to how proxies should be voted . . . are fiduciary acts of plan asset management.”(2)Proxy advisory firms may also be functional fiduciaries under ERISA section 3(21)(A)(ii) by providing investment advice for a fee to plans with respect to property of that plan.Here's why it's interesting:Defining fiduciaries as those who provide advice for a fee means everyone selling research is a fiduciary if the research is used in an investment decisionThe DOL is squarely defining proxy voting as a fiduciary act - which means that there can be no rational apathy as Mike Levin likes to talk about - if voting your proxies is definitionally your fiduciary duty, you can't defer it or ignore itIf you vote 99% in favor of management, you definitionally are ignoring your fiduciary duty - half of companies will underperform some peer set, meaning they produced fewer returns than peers, in any given year. So you either set the time frame longer (thus forcing the inclusion of long term data like climate and social factors) and say that in any one year it makes sense to vote with management to allow them time to execute strategy, OR you should be voting against nearly half of management proposals for underperformers each year because they are not producing pecuniary returnsGovernance chairs remain under pressure as investor scrutiny rises despite rising support for directors, research showsISS found that the MEDIAN support for directors has hit 98%They found that governance/nom chairs (those are specifically governance/nom committee chairs) had median support of 94.1%Pay chairs had 96.9% supportMM2The Boardroom Buy-InJPMorgan built a pipeline of female CEO candidates that was the envy of Wall Street. How did it fall apart? Are you IN or OUT on this board to find a successor to Dimon?IN or OUT: Nom chair: Gini Rometty (2020)Massively connected - highest betweenness, 82% connected to other directors (highest on board)Ex IBM CEO (retired 2020), IBM lifer (since 1981), Council on Foreign Relations, Business RoundtableCEOs replaced: herself? With Arvind Krishna, who was at IBM for more than 30 yearsIN or OUT: Michele Buck (2025)Newly appointed, ex CEO of Hershey, Hershey for 20 years and Kraft/Nabisco for 17 years prior (two companies, all food), board of NY LifeCEOs replaced: zero (dictatorship at Hershey)IN or OUT: Stephen Burke (2004)Lead Director! 16% influence, 22 year tenureComcast since 1998, Disney/ABC 1986, director at Berkshire HathawayCEOs replaced: zero (dictatorship at NBC/Comcast)IN or OUT: Alex Gorsky (2022)Ex CEO of J&J, Boards of Apple, IBM (!), ex Business RoundtableCEOs replaced: Tim Cook, himself, Gini Rometty (!)Jensen Huang's iconic leather jacket is going up for auction. Are you IN or OUT on “iconic” founder clothes?IN or OUT: Steve Jobs' turtleneck INEnabled by Arthur LevinsonIN or OUT: Zuck hoodie INEnabled by Peter Thiel, Marc AndreessenIN or OUT: Bill Gates' glasses OUTIN or OUT: Elizabeth Holmes' turtleneck OUTIN or OUT: Jack Dorsey's “love” hat OUTIN or OUT: Musk's chainsaw INSub question: if a board member has been on the board as long as the founder, are they iconic?Tench Coxe - 32 years on Nvidia board, only board he's on, buddies with JensenHarvey Jones - 32 years on Nvidia board, only board he's on, buddies with JensenBrooke Seawell (28 years) and Mark Stevens (17 years) - both were with Jensen when Nvidia just made dopey video cards for better video games

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 24 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into When Disability Claims Get Reassessed: Vocational Reviews, DIY Legal Traps, and the Hidden Risks in Building Your Own Case.Disability claims are often complicated not because a claimant's medical condition improves, but because the standard used to evaluate disability shifts over time. As policies transition from "own occupation" to "any occupation" standards, insurers rely on vocational reviews, transferable skills analyses, labor market assessments, and other tools to argue that claimants remain capable of working despite ongoing functional limitations. At the same time, many claimants attempt to strengthen their claims by interpreting policy language, organizing evidence, or using AI-assisted research without recognizing how those efforts can affect the administrative record under ERISA. In this episode, attorney Nancy Cavey examines how disability claims are challenged during vocational reassessments, why the administrative record (not personal narrative) drives claim decisions, and how well-intentioned self-advocacy can unintentionally affect the outcome. Together, these insights demonstrate that ERISA disability claims are often determined less by how disability is experienced than by how it is documented and communicated through the framework insurers use to evaluate eligibility for Long-Term Disability benefits.In this episode, we'll cover the following topics:One - How Vocational Reviews Are Used to Terminate Disability Benefits Two - The Hidden Risks of DIY Legal Strategy in Disability ClaimsThree - Why Using AI for Your Disability Case Can Backfire LegallyWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 6, Episode 23 of Winning Isn't Easy: Long-Term Disability ®. In this episode, we'll dive into The Burden of Proof: Inside Neurological Disability Claims.Disability insurance claims involving neurological conditions are frequently misinterpreted as disputes solely over medical evidence, but the outcome often hinges on how symptoms are documented in medical records and how they are interpreted and evaluated under ERISA. Conditions such as migraines, Parkinson's disease, and trigeminal neuralgia can result in profound functional limitations while leaving little objective evidence on imaging or clinical testing, creating opportunities for insurers to challenge the severity of a claimant's disability. In this episode, attorney Nancy Cavey examines three disability cases that illustrate how carriers rely on treatment gaps, reports of improvement, normal diagnostic findings, and perceived inconsistencies in medical records to deny or terminate benefits. She discusses a chronic migraine claim upheld in federal court, strategies for documenting subjective Parkinson's symptoms, and a trigeminal neuralgia case in which a federal judge rejected an insurer's demand for objective proof of debilitating pain. Together, these cases demonstrate that medical records serve as both treatment histories and the foundation of ERISA disability claims, shaping how insurers and courts evaluate eligibility for Long-Term Disability benefits.In this episode, we'll cover the following topics:One - How to Avoid Having Your Chronic Migraine Long-Term Disability Claim DeniedTwo - Tips on How to Document Dizziness, Vertigo, and Balance Problems in Your ERISA Parkinson's CaseThree - Does Trigeminal Neuralgia Qualify as a Sickness or Injury Under a Cigna Disability Insurance Policy?Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Social Security ®. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Misty Leon has spent nearly 25 years at the intersection of law, business, and strategy — as a partner at a boutique firm, Senior Counsel at a Fortune 500 company, and now founder of Practical Counsel Advisors, where she helps small to midsize law firms modernize their operations and navigate AI responsibly.In this episode, Misty shares the winding, intentional journey that led her to finally go out on her own — and why the bravest thing she ever did was stop asking "can I do this?" and start asking "do I even want to?"In this episode, we cover:How Misty accidentally stumbled into ERISA law via a newspaper job listing in Charlotte — and why it opened doors in Big LawWhat five years in-house taught her that she never could have learned at a firmThe moment she realized she was heading toward burnout — and how she caught it before it caught herWhat Practical Counsel Advisors does and why AI readiness is a reputational risk firms can't afford to ignoreWhy "change management" is more than corporate speak — and why it's the piece most firms skipThe mindset shift from powering through to asking whether the path still fitsWhy women don't need more resilience pep talks — and what we actually need insteadThe concept of seasons, and why it's one of the most powerful tools for ambitious women juggling everythingHer legendary legally blonde moment involving a law school interview and a closetConnect with Misty:LinkedIn: Misty LeonWebsite: practicalcounseladvisors.com Resources & Links:Book a connection call with Erin: https://calendly.com/eringerner/connectioncallFollow Erin Gerner on Instagram, Facebook & LinkedIn

Only roughly 50% of new GLP-1 prescriptions were getting approved for coverage in 2023. From a plan sponsor's seat, that looks like pharmacy trend spiking 9%, 12%, even 20% year over year. From a pharma manufacturer's seat, it's half their prescriptions not getting filled. Same market, opposite problems — and that's exactly the lens this episode flips on. In this episode, Stacey Richter speaks with Ophelia Johnson, who built new business channels for a pharmaceutical manufacturer that created the GLP-1 boom and has since launched a consulting practice at e-fi.works, about how cash pay models work from the inside — coupon platforms, telehealth channels, white label pharmacy models, and employer carve-outs — and where the new fees are hiding. WHAT YOU'LL LEARN ✅ How the Inflation Reduction Act, PBM legal scrutiny, drug shortages, and the compounding bypass converged with ~50% GLP-1 prior auth denial rates in 2023 to push pharma into building cash pay channels that cut the PBM out entirely ✅ How the savings coupon model works: manufacturer buys the patient down to a flat transparent cash price via platforms like GoodRx, pays a fixed per-script fee instead of a PBM rebate, and the coupon platform makes the pharmacy whole — transparent math, no black box ✅ How the telehealth channel and white label pharmacy models extend the distribution chain beyond retail — and why shipping costs, credit card fees, dispensing fees, and new supply chain partners create gross-to-net and revenue leakage risk for manufacturers not built for it ✅ Why "direct to employer" is a misnomer: PBM contracts prohibit pharma from selling directly to self-insured employers, so third-party transparent administrators have emerged — but plan sponsors need to run the math first, given ERISA complications and PBM contract leverage ✅ How PBMs are now charging fees for hub-like patient support services to manage the exact prior auth complexity they created — a Whack-a-Mole shift of profitability that everyone needs to map before signing anything ✅ Ophelia's three-part practical advice: map the full patient journey and all ecosystem player incentives before building any new model (pharma); treat affordability as a clinical risk factor (clinicians); demand auditable medication abandonment data rather than settling for rebate yield metrics (plan sponsors) WHY THIS MATTERS If collaboration is the next innovation, everyone has to understand the incentives of every player in the ecosystem — not just their own. The same 50% of unfilled GLP-1 prescriptions that looks like runaway pharmacy trend from a plan sponsor's seat looks, from a manufacturer's seat, like half their market going dark — and both sides are making moves that affect each other. Understanding those moves, where fees are being layered on, and when fair profit tips into what Stacey calls profiteering is what this episode maps. TUNE IN NEXT WEEK Next week is the 401-level companion to this one — Stacey goes solo on the PBM and GPO contracting mechanics behind why cash pay became a thing, and why cheaper or better drugs can inexplicably end up off formulary or buried under prior auth. === LINKS ===

When does a benchmark actually become “meaningful” — and what does that have to do with your retirement committee meetings? In this episode, Eric and ERISA attorney Bonnie Treichel unpack retirement sketchbooks, DOL proposed regs, and how fiduciaries can align process, purpose, and benchmarks without getting lost in the legal weeds.In this episode, Eric and Bonnie Treichel discuss:Purpose and design of Your Retirement SketchbookMaking money conversations a “dinner table” topicBenchmarks and “meaningful benchmarks” in retirement plans3(21) vs. 3(38) fiduciary roles and investment policy statementsDOL proposed regulations, litigation trends, and action items for committeesKey Takeaways:Retirement conversations don't have to be intimidating; using accessible, bite-sized topics can turn money into a normal “dinner table” discussion across generations.An investment policy statement is only useful if it reflects reality; committees must periodically review it and ensure their actual practices match the documented process.Benchmarks are not just numbers on a report; selecting and understanding the right benchmark is central to evaluating performance and defending fiduciary decisions.Delegating to a discretionary investment manager does not eliminate responsibility; plan sponsors still “own” the policy and must prudently select, monitor, and understand their 3(38) relationship.Prudence is about process, and loyalty is about purpose; without both, even technically sound procedures can fail participants if they aren't anchored to what's right for that specific plan and its people.“The big action item is to look at your investment policy statement and see if it says anything about what benchmark is being used. Number two, look at your actual investment report and see, okay, what are the benchmarks being used?” - Bonnie TreichelBonnie's passion is sharing her knowledge with financial advisors. When she founded Endeavor Retirement, her goal was to make retirement legislation easy to understand. She keeps advisors up to date on the rules and regulations through her webinars, presentations, and consultations. The result — advisors and consultants help more people access their retirement savings.Connect with Bonnie Treichel:Website: https://endeavor-retirement.com/ LinkedIn: https://www.linkedin.com/in/bonnietreichel/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast are general in nature and are provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting, or of Executive Director Eric Dyson.

Could your business be a franchise — and you don't even know it yet? I sat down with Attorney Gary Remer, who leads the Franchise Group at Maddin Hauser, and we broke down what it takes to turn a business into a scalable franchise model.

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Tina Bengs (Chicago/Indianapolis), Joseph Cartafalsa (New York), and Michael Riccobono (Morristown) walk through a comprehensive compliance checklist covering mandatory leave and accommodation obligations for disability, pregnancy, and religion, along with family and medical leave laws. The speakers also address how to navigate ERISA, COBRA, and benefit plan terms to help employers keep their organizations compliant and their employees supported.

Let's talk PBM's.  What even is a P-B-M? Pharmacy benefit managers have been around since the 1960's, although back then, they were basically claims processors. Things changed in the 80's and 90's following the first iteration of ERISA when employers saw PBMs as potential cost containment strategies. The industry continued to explode until 2007 when CVS acquired Caremark, and now the market is really consolidated into just three major players. Why does this matter? Well, PBMs control just about everything drug-related in the US these days, and that includes the cost. Given that we have not seen the promised drop in drug prices, Americans and employers are still bearing the burden of this bloated and broken system.  To unpack how this works and what folks are doing about it, we invited back Shawn Gremminger, the President and CEO of the National Alliance of Healthcare Purchaser Coalitions. His organization works with regional coalitions of employers to help them advance health policy, leverage their collective power, and drive market change.