25.02.2020 02.26 GMT+0000

Fiduciary litigation targets another large plan--but in some new ways.

Suit Against Shell Plan Drills for New Legal Claims

Suit Against Shell Plan Drills for New Legal Claims

Perhaps the most significant claim raised against Shell pertains to the claim that the Shell fiduciaries allowed Fidelity to use participant data to promote non-plan products and services.

A new lawsuit filed against the Shell Oil Company’s 401(k) plan raises several new challenges to fiduciary’s behavior. Most significantly, the suit assets that participant data is a plan asset and the use of such data by the plan recordkeeper to promote non-plan products generates several new fiduciary challenges.

25.01.2018 04.59 GMT+0000

A new chapter may be opening in the ongoing saga of litigation against plan fiduciaries. A new target in this sage - plan vendors’ use of participant confidential financial to facilitate the cross-sales of non-plan financial products.

Fiduciary Lawsuits: A New Chapter Opening?

Fiduciary Lawsuits: A New Chapter Opening?

Latest Complaint Against NYU Raises New Challenges

Plaintiffs in the lawsuit against the NYU retirement plans have filed an amended complaint. This new complaint challenges the use, by the plans’ recordkeeper, of participant confidential financial data and the recordkeeper’s cross-selling of non-plan financial products to plan participants.

16.12.2017 10.24 GMT+0000

Under current law, financial firms can play fast and loose with significant amounts of personal financial data. Employers are a key source of financial firms access to employees’ financial information (through employer-sponsored retirement plans). So, with employers already involved in providing employees’ financial information, what can employers do to protect that data.

Twenty-One Years After HIPAA Added Protections for Health Information, What About Financial Information?

Twenty-One Years After HIPAA Added Protections for Health Information, What About Financial Information?

Employers can play an active role in protecting employees’ financial data – and, have a roadmap for doing so by looking at HIPAA.

There are few rules under current federal law to prevent financial firms from exploiting individuals’ personal financial information. Employers are a key source of financial firms access to employees’ financial information (through employer-sponsored retirement plans). So, with employers already involved in providing employees’ financial information, what can employers do to protect that data?

28.11.2017 09.31 GMT+0000

Your employees’ financial data is vulnerable – and not just to illegal hacking – but to your retirement plan provider. These providers also have powerful financial incentives – and plenty of opportunity – to use plan participants’ data to market (unrelated) financial products to these participants.

Data Insecurity: It’s Not Just the Hack

Data Insecurity: It’s Not Just the Hack

Employers need to pay attention to how retirement plan providers use participant data – and start establishing limits on how that data can be used.

Employers focused on data security need to look beyond computer hacks as they try to keep employees’ confidential financial information secure. Retirement plan providers have access to a wealth of plan participants’ data. These providers also have powerful financial incentives – and plenty of opportunity – to use plan participants’ data to market (unrelated) financial products to these participants.