Compliance Stuff

On July 29, 2025, the U.S. Department of Justice issued a memorandum to federal agencies titled “ Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination ”. The Guidance is intended to clarify how federal antidiscrimination laws apply to “programs or initiatives that may involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs.” Although the Guidance’s title suggests that it applies only to entities receiving federal funding, the Guidance advises entities that are “otherwise subject to federal antidiscrimination laws, including educational institutions, state and local governments, and public and private employers” to “review this guidance carefully to ensure all programs comply with their legal obligations. ” This Guidance builds on Executive Order 14173 ( Ending Illegal Discrimination and Restoring Merit-Based Opportunity ), dated January 21, 2025, which condemns “illegal DEI discrimination and preferences” an...

A Supreme Court decision in April made it easier for plaintiffs to keep ERISA prohibited transaction claims in play longer, and just days later a rare ERISA trial resulted in a huge win for a class of 401(k) plan participants . What do retirement plan sponsors and fiduciaries need to know about this new era of ERISA litigation? We’ll break it all down and give you some best practices to stay ahead of a potential new wave of litigation risks. Snapshot of ERISA Fiduciary Rules Fiduciary Status.  Generally, a person is a fiduciary of an ERISA-governed plan if they (1) exercise discretionary authority or control over plan management or plan assets; (2) have discretionary authority or responsibility for the plan’s administration; or (3) give paid investment advice to a plan (or have any authority or responsibility to do so) . Fiduciary Duties.  Plan fiduciaries must follow certain principles of conduct when running the plan, including by acting prudently and solely in the interest ...

  Real World Impact:  This Alert provides guidance to help employers effectively respond to a workplace raid by Immigration and Customs Enforcement (ICE) authorities.    Immigration enforcement and mass deportations are key priorities for the Trump Administration. Less than two weeks into the new administration, ICE – the subagency of the Department of Homeland Security tasked with enforcing US immigration laws – has exponentially ramped up worksite raids, arresting over 5,500 people in the first seven days of the Trump administration. An ICE raid can be a highly stressful, intimidating, and disorienting experience, so employers should have a clear crisis management plan in place to protect their rights and their employees while remaining compliant with immigration laws. This alert provides a step-by-step guide for employer to effectively respond to an ICE raid. ICE RAID RESPONSE PLAN FOR EMPLOYERS 1.  Assemble an ICE Response Team. An employer should designate...