Episode 23: Cyber Theft in 401K Plans

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

#Business #Josh Miller #Proskauer

30:21

Hitting plateaus is a common milestone in business, but there’s a difference between stability and a rut. In the last installment of this season, we’ll dive into the ways small business owners push beyond plateaus and find new ways to achieve revenue growth. Jannese and Austin wrap up their time in Nashville, Tennessee with a wonderful visit to N.B. Goods to speak with owner Camille Alston . Camille details the times where she hit a wall with profits, the strategies she implemented to increase revenue, what worked, what didn’t, and the important lessons she learned in the process. You won’t want to miss this informative final chapter! Learn more about how QuickBooks can help you grow your business: QuickBooks.com See omnystudio.com/listener for privacy information.…

il y a 6 ans 7:53

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In this episode of the Proskauer Benefits Brief, partner Rob Projansky and associate Jennifer Rigterink follow up on a previous Benefits Brief episode on Cybersecurity and Employee Benefit Plans by discussing the risks associated with cyber theft of 401k plans. Cyber theft in 401k plans usually happens when a hacker has a person’s credentials and is able to access their plan account through e-mail phishing, or malware/spyware. They are likely to steal social security numbers and other personal information as well. We’ll discuss some of the risks and remedies associated with cyber theft of these 401k plans, so be sure to tune in to this episode.

50 episodes

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

Episode 23: Cyber Theft in 401K Plans

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

published il y a 6 ans

MP3•Maison d'episode

50 episodes

#Business #Josh Miller #Proskauer

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Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 50: Activism and EBEC 11:23

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In this episode of The Proskauer Benefits Brief, David Teigman , partner in the Tax Department and a member of the Employee Benefits & Executive Compensation Group, Josh Apfelroth , partner in the Private Equity and Mergers & Acquisitions Group and Nick LaSpina , senior counsel in the Employee Benefits and Executive Compensation Group discuss shareholder activism in the public company context and more specifically within the framework of executive compensation. Because executive compensation can be a hot‑button topic for shareholders and can be implicated in a variety of activist situations, be sure to tune in for the latest insights into these matters.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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In this episode of The Proskauer Benefits Brief, David Teigman , partner in the Employee Benefits and Executive Compensation Group, Simon Sharpe , partner and member of our Private Equity and Mergers & Acquisitions groups and Nick LaSpina , senior counsel in the Employee Benefits and Executive Compensation Group discuss rep and warranty insurance (RWI) in the mergers and acquisitions context. They also focus on certain aspects of this insurance product as it relates to executive compensation and employee benefits matters. For the last 10 years, we have only seen the use of this insurance product proliferate, so be sure to tune in as these issues will continue to be highly relevant in any transactional practice.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 48: DOL’s 2022 Final ESG Rules 9:24

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In this episode of The Proskauer Benefits Brief, Proskauer partners Ira Bogner and Adam Scoll and law clerk Tanusha Yarlagadda discuss the Department of Labor’s final ESG rules issued on November 22, 2022, and how those rules affect the consideration by ERISA fiduciaries of environmental, social, and governance or “ESG” factors when making investment decisions and exercising shareholder rights, such as voting proxies. Although these final rules generally became effective on January 30, 2023, they are currently being challenged both in the courts and in Congress.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 47: Cross-Border Asset Deals 10:03

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In this episode of The Proskauer Benefits Brief, partner David Teigman , senior counsel Nick LaSpina , and special international labor & employment counsel Nicola Bartholomew , discuss differences between asset sales in the US and the UK, with respect to transfers of employees. In short, there are significant differences that are not necessarily intuitive to US practitioners. In the US, parties will have commercial freedom to make offers of employment and negotiate terms, whereas in the UK employees will transfer automatically as a result of TUPE and a number of significant protections and obligations apply that will need to be factored into the deal. So be sure to tune into this informative discussion about employment and benefits issues in asset sales in the US and the UK.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 46: Employee Retention Issues 8:12

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In this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman , senior counsel Nick LaSpina , and special guest Michelle Garrett , a principal at the compensation consulting firm Semler Brossy, discuss employee retention. It seems like there is an article almost every day talking about the “great resignation.” In a nutshell, there have been far more job transitions recently than there have been in the past. Tune in as we discuss what employers can do to help retain employees in this working environment.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 45: Key ERISA Fee and Investment Litigation Developments and the Impact of Hughes v. Northwestern University 17:02

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In this episode of The Proskauer Benefits Brief, Myron D. Rumeld , partner and co-chair of Proskauer’s ERISA Litigation group and senior associate Tulio D. Chirinos , review the current state of affairs with respect to the litigation challenging the fees charged and investments offered in defined contribution plans; and The Supreme Court’s recent decision in Hughes v. Northwestern University where the court reversed and remanded the Seventh Circuit’s decision affirming dismissal of a 403(b) plan excessive fee litigation.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 44: Special Financial Assistance for Multiemployer Pension Plans (Part 3) 13:17

il y a 4 years13:17

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This episode is the final installment of our three-part series on a new special financial assistance program created by the American Rescue Plan Act of 2021 for troubled multiemployer plans and the interim guidance issued by the Pension Benefit Guaranty Corporation regarding the program. Be sure to listen as Rob Projansky and Justin Alex cover the special rules that apply to plans that receive the assistance and other details including how the program impacts withdrawal liability for employers.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 43: Special Financial Assistance for Multiemployer Pension Plans (Part 2) 11:29

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This episode of The Proskauer Benefits Brief is the second of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). Tune in as Rob Projansky and Justin Alex dig into more details on the guidance and the program.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 42: Special Financial Assistance for Multiemployer Pension Plans (Part 1) 8:18

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This episode of The Proskauer Benefits Brief is the first of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). In this initial episode, partner Rob Projansky and senior counsel Justin Alex cover the basic contours of the program.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 41: Cyber-theft of 401(k) accounts 13:00

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In this episode of the Proskauer Benefits Brief, partner Robert Projansky and special guest Garrett Fenton, senior attorney at Microsoft Corporation, discuss cyber theft of 401(k) plan accounts. Tune in as we discuss why 401(k) plans are vulnerable to cyber security breaches, what kinds of cyber security frauds we are seeing in 401(k) plans, evolving litigation on these issues and steps plan sponsors can take to mitigate risk.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 40: ERISA Plan Asset “Hard-Wired” Conduit Feeders 5:07

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For a number of ERISA, tax and other regulatory reasons, it may be desirable for the manager or sponsor of an investment fund or other structure to utilize what is often referred to as a plan asset "hard-wired" conduit feeder. Tune in to this podcast as partner Ira Bogner and senior counsel Adam Scoll discuss more about these structures, and the advantages they can provide.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 39: VCOC Management Rights 5:30

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In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss VCOC "Management Rights." For VCOC compliance purposes, "management rights" are contractual rights directly between an investing entity and an operating company by which the investing entity can substantially participate in, or substantially influence the conduct of, the management of the operating company. Unfortunately, there is not a ton of guidance out there explaining what constitutes sufficient VCOC "management rights," so make sure to tune in to this podcast to hear our views.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 38: Considering ESG Factors When Investing ERISA Plan Assets 5:02

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In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss when and how an ERISA plan fiduciary may consider “ESG factors,” (i.e., environmental, social and governance factors) when investing ERISA plan assets. As these circumstances are fairly limited, we advise ERISA plan fiduciaries to proceed with caution in this regard. Tune in for more important information in this episode.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 37: ERISA’s Bonding Requirements 5:05

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In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss ERISA’s bonding requirements. ERISA’s bonding rules generally require that every fiduciary of an ERISA-covered employee benefit plan and every person who handles funds or other property of such a plan be bonded. We will break down these bonding rules and their importance, so be sure to tune in to this episode.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 36: Worker Classification after Dynamex, Not as Simple as ABC 12:06

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Over a year after the CA Supreme Court set new standards for worker classification in its Dynamex ruling, employers with workers in California are faced with often conflicting information about this decision’s practical impact. In this episode of The Proskauer Benefits Brief, Kate Napalkova , special employee benefits and executive compensation counsel, and associate Pietro Deserio discuss Dynamex and its broader meaning for employers and other stakeholders, both in the compliance and transaction arenas.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 35: COBRA Basics Part 10: COBRA penalties for noncompliance 9:58

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In this episode of The Proskauer Benefits Brief, our final installment in the series exploring the basic COBRA rules, partner Paul Hamburger is joined by associate Katrina McCann and they discuss the penalties for noncompliance. Employers and plan administrators often ask what types of penalties they are exposed to if they get it wrong. What is the cost in correcting the COBRA error? We discuss these important issues so be sure to tune in.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 34: COBRA Basics Part 9: COBRA rules for nontraditional health programs 9:05

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In this episode of The Proskauer Benefits Brief, our series on the COBRA basics rolls on. Partner Paul Hamburger is joined by associate Talya Scolnik and they discuss some of the key COBRA considerations for some of the nontraditional health plan related programs such as Employee Assistance Programs (EAPs) and Health Wellness Programs, Flexible Spending Accounts (FSAs) and Health Reimbursement Arrangements (HRAs).…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 33: COBRA Basics Part 8: COBRA in the M&A Context 9:52

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In this episode of The Proskauer Benefits Brief, partner Paul Hamburger and associate Tyler Forni highlight some of the key COBRA rules to keep in mind in Mergers and Acquisition context. Most people understand that in any M&A interaction, COBRA rules need to be addressed, so be sure to tune in to the next episode in this COBRA series.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 32: COBRA Basics Part 7: Key Rules to Understand How Long COBRA lasts 8:04

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In this episode of The Proskauer Benefits Brief, our series outlining the basic COBRA rules continues. Partner Paul Hamburger and associate Talya Scolnik highlight some of the key COBRA rules to keep in mind in understand how long COBRA coverage lasts. This can be a complicated and very technical issue, so be sure to tune in.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 31: COBRA Basics Part 6: What are the COBRA Premium Payment Rules? 14:54

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In this episode of The Proskauer Benefits Brief, partner Paul Hamburger joins Jennifer Rigterink to talk about some of the tricky points related to COBRA premium payment rules. In this installment of our series on COBRA rules, they highlight what plan administrators need to consider when facing COBRA premium payment issues.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 30: COBRA Basics Part 5: What are the COBRA Election Rules? 8:35

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In this episode of The Proskauer Benefits Brief, partner Paul Hamburger is joined once again by associate Gabrielle Fox as they discuss important rules and practical issues that arise in dealing with COBRA’s election rules. They will provide insight on important questions related to COBRA election rules such as when elections have to be made, who can make the elections, and what happens to coverage during the COBRA election period.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 29: COBRA Basics Part 4: What are the COBRA Notice Requirements? 8:46

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In this episode of The Proskauer Benefits Brief, partner Paul Hamburger talks with associate Gabrielle Fox about some of the important considerations in dealing with notice rules for COBRA purposes. In this edition of our COBRA series, we will explain how notices are a key to COBRA administration. They trigger rights for qualified beneficiaries and obligations for plans and plan administrators, so be sure to tune in.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 28: COBRA Basics Part 3: Identifying Qualifying Events for COBRA Purposes 11:29

il y a 6 years11:29

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In this episode of The Proskauer Benefits Brief, partner Paul Hamburger is joined by associate Talya Scolnik to explore some of the important considerations in identifying qualifying events for COBRA purposes. This is a little more complicated than just listing the qualifying events, so be sure to tune in for important information on this topic.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 27: COBRA Basics Part 2: Qualified Beneficiaries for COBRA Purposes 11:58

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In this episode of The Proskauer Benefits Brief, we continue our series on the basics of COBRA. Partner Paul Hamburger and associate Caroline Cima discuss some of the important considerations in identifying who are qualified beneficiaries for COBRA purposes.

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 26: COBRA Basics Part 1: What Group Plans Are Subject to COBRA? 8:29

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In this episode of The Proskauer Benefits Brief, we begin our series outlining the basic COBRA rules and understand the facts and fiction surrounding COBRA coverage rules. In this kickoff episode, partner Paul Hamburger and associate Tyler Forni highlight basic COBRA terms and definitions. They also identify the group plans that are subject to COBRA. So be sure to tune in for some important information on COBRA rules as related to group plans.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 25: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants 8:20

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In this episode of The Proskauer Brief, Kate Napalkova , special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee compensation arrangements. Specifically, they will focus on key contractual provisions that employers should incorporate into any document that includes a confidentiality covenant. Employers should be sure to tune in to see why involving your in-house team and outside executive compensation and employment counsel to regularly audit employment agreements, employee handbooks, independent confidentiality and IP assignment agreements, and other company policies is always a good idea.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 24: Plan Assets Exceptions for Private Investment Funds 9:00

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In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll provide an overview of the plan assets exceptions for private investment funds, and discuss why such plan assets exceptions matter to private investment fund managers that might want to accept investments from ERISA-covered plans. Given that compliance with a plan assets exception may prove to be quite complex, they highly recommend that private investment fund managers consult with experienced ERISA legal counsel during all phases of their fund formation and fundraise, and Proskauer is always here to help in that regard. Be sure to tune in to this episode.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 23: Cyber Theft in 401K Plans 7:53

il y a 6 years7:53

7:53

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 22: Suspension of Benefits Issues 9:30

il y a 6 years9:30

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In this episode of the Proskauer Benefits Brief, partner Paul Hamburger, and associate Katrina McCann discuss the suspension of benefits rules, and the unique and interesting issues that arise when defined benefit plan participants work beyond their normal retirement age. Plan sponsors and administrators should tune in, as these rules are quite complicated and are often misunderstood.…

Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation

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Episode 21: Attorney-Client Privilege in the Employee Benefit Plan Context 8:56

il y a 6 years8:56