New Corporate Espionage Claims Emerge, Centered on Two Highly Valued 401k Admin Startups
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In This Issue - Headlines General Items Fiduciary and Plan Governance
Insight: Studies, Research, Analysis, or Papers
Court and Legal Legislative or Washington DC Cyber and Plan Security Compliance and Regulatory
Marketplace News Article Summaries General Items New Corporate Espionage Claims Emerge, Centered on Two Highly Valued 401k Admin Startups Two brothers working at Human Interest are accused of corporate espionage. While employed as junior inside sales representatives, they allegedly shared confidential company information -- including partnership leads, customer data, and strategic documents -- with executives at rival firm Guideline. The complaint claims this sensitive data was sent directly to Guideline's CEO, Kevin Busque, and CFO, Steven Wu. Source: Techcrunch.com Fiduciary and Plan Governance Crypto and Retirement Plans: Fiduciary Considerations Cryptocurrency has gained attention as a high-return but volatile investment, prompting debate about its place in retirement plans. Although the DOL has withdrawn previous guidance, leaving no active rules on crypto in benefit plans, fiduciaries under ERISA must still adhere to standards of prudence, diversification, and loyalty to participants when considering such investments. Source: Cshco.com How 3(38) Fiduciaries Limit, but Don't Erase, Plan Sponsor Liability The Caesars Holdings case highlights that while hiring a 3(38) fiduciary can help plan sponsors reduce their risk of ERISA litigation, it doesn't eliminate their responsibilities. A federal court cleared Caesars of liability but held its 3(38) investment manager, Russell Investments, accountable. Under ERISA, employers must act with prudence and loyalty toward plan participants. Delegating investment duties to a 3(38) fiduciary shifts some risk, but sponsors must still carefully select and monitor that fiduciary to remain compliant. Source: Plansponsor.com Incorporating Annuities in DC Plans The PLANSPONSOR Roadmap Livestream Series on Retirement Income explored how to incorporate annuities into defined contribution plans. Experts discussed fiduciary responsibilities, plan design, and communication strategies. They shared insights from sponsors and providers who have successfully added lifetime income options. Bruce Lanser of TruSource Advisors emphasized that plan sponsors must first assess whether their participants are a suitable match for annuity-based income solutions. Source: Plansponsor.com Retirement Pros Urge Caution With Alts in DC Plans A panel of retirement and investment experts recommends a cautious and well-documented approach to adding private assets to defined contribution plan menus. While DC plans can include alternative investments, such as private assets, the panel emphasized that implementation should be gradual. They suggested that the most suitable way to incorporate these alternatives is through modest allocations in professionally managed multi-asset products, particularly target-date funds. Source: Planadviser.com Don't Let AI Become Your Liability: Smart Steps for Plan Sponsors AI often seems magical -- forecasting trends, tailoring messages, and accelerating decision-making. Yet in the fiduciary realm, relying on that magic without proper safeguards can lead straight to legal trouble. Before activating the 'AI switch,' every plan sponsor must take deliberate, informed steps. Source: Jdsupra.com »» Click here for more Fiduciary and Plan Governance Material Insight: Studies, Research, Analysis, or Papers How Participant Education Can Help Keep Retirement Plan Fees in Check Educating and engaging retirement plan participants can help reduce plan fees. According to Jenny Kiesewetter of Fisher Phillips, informed participants tend to make smarter financial decisions -- like avoiding loans and early withdrawals, and selecting lower-cost investments -- which ultimately lowers their individual costs. Source: Napa-net.org Retirement Challenges Facing Gen-X In 2025, the U.S. reaches "Peak 65®," with a record number of Americans turning 65. While Baby Boomers are currently experiencing this shift, Generation X (ages 45–60) faces even greater retirement insecurity. This paper outlines Gen-X's challenges, including a lack of protected income, low financial literacy, and evolving work and caregiving roles. It also discusses potential solutions like annuities, better access to financial advice, and new income strategies. Without significant action, Gen-X and future generations risk entering retirement with serious financial vulnerability. Source: Protectedincome.org »» Click here for More Studies, Research, and White Papers Court and Legal Intel Plaintiffs Pursue SCOTUS Scrutiny of Alt Investment Decision(s) Plaintiffs, including former Intel employee Winston Anderson, are asking the U.S. Supreme Court to review a case involving Intel's retirement plans. They argue that fiduciaries breached their duties by investing billions in speculative, illiquid, and opaque hedge funds and private equity through custom target-date funds. After losing in both district and appellate courts, the plaintiffs claim the Ninth Circuit's decision was legally flawed and harmful, potentially shielding fiduciaries from accountability under ERISA when making reckless investment choices. Source: Napa-net.org »» Click here for more Court and Other Legal Issues Legislative or Washington DC After 4 Weeks, How the Government Shutdown Is Affecting Retirement Plans The ongoing government shutdown has disrupted federal agencies, including the IRS, preventing them from releasing critical updates -- such as annual retirement plan contribution limits -- which could impact retirement planning if delays continue. Source: Plansponsor.com »» Click here for more on Legislative and Washington Actions Cyber and Plan Security Cyber Security Best Practices for Fiduciaries There are many facets to cybersecurity, many nuances and hard realities. A professional uniquely positioned to discuss cybersecurity in the context of retirement plans offers her insights on protecting assets, balances, sensitive information and more from unauthorized access. Source: Psca.org »» Click here for more on Cybersecurity Issues Compliance and Regulatory 2026 IRS Retirement Plan Contribution Limits All But Official While the IRS has yet to officially announce the 2026 retirement plan contribution limits, predictions from Mercer and Milliman suggest there won't be many surprises. Both firms anticipate a $1,000 increase in the employee contribution limit for 401k, 403b, and eligible 457 plans, raising the cap from $23,500 in 2025 to $24,500 in 2026. Additionally, the catch-up contribution limit for individuals aged 50 and older is expected to rise from $7,500 to $8,000. Source: 401kspecialistmag.com 2026 IRS Limits Forecast – Final Estimates With the publication of the September 2025 consumer price index, all 12 of this year's monthly CPI rates are set. As the government shutdown continues, there may be a delay in the IRS publishing the final limits. This is Milliman's final estimate of the 2026 limits. Source: Milliman.com Preparing for the Roth Catch-up Contribution Mandate: A Series The IRS has released final regulations for a new mandate requiring Roth catch-up contributions. These rules are complex and demand that plan sponsors make strategic decisions, especially with the January 1, 2026 deadline approaching. While 2026 allows for good faith compliance, full adherence is expected by 2027. Sponsors must begin planning now, considering factors like payroll provider and recordkeeper capabilities. This article is the first in a series aimed at helping sponsors navigate these decisions. Source: Wtwco.com Involuntary Distributions and Force Out Limits When employees leave a company, their retirement accounts -- especially small, inactive ones -- often remain behind, creating administrative burdens and compliance risks. To manage this, companies can use involuntary distributions (also called force-outs) to automatically cash out or roll over these small balances if they meet certain criteria. Understanding the rules around forced 401k and IRA distributions is essential for proper implementation. This article explains more about why these provisions are important and how the rules work. Source: Watkinsross.com The $1,000 Boost and the 2026 Catch-Up Curveball Looking ahead to 2026, upcoming changes to 401k contribution rules are more than minor updates -- they're significant structural reforms. Every plan sponsor, fiduciary, and committed saver should take note. Ignoring these changes could have serious consequences. Source: Therosenbaumlawfirm.com »» Click here for more Compliance and Regulatory Material Marketplace News Prime Pensions Acquires Presberg Vitera Expands Guaranteed Income Solutions in DC Market 2025 PenChecks Trust ASPPA Scholarship Recipients Announced MetLife, Alight Collaborate on Lifetime Income Solutions Vestwell Debuts PEP for Small 401k Plans
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