Powell v. Ocwen Financial Corp.: Implications for ERISA Fidelity Bond Plan Assets Underwriting in Mortgage-Backed Securities. My Analysis for Surety and Fidelity Bond Underwriters On March 26, 2026, the United States Court of Appeals for the Second Circuit issued its… Continue Reading →
Narrowing the Lens: How the 2026 Joint Employer and Independent Contractor Reclassifications Affect ERISA Fidelity Bond Underwriting In February 2026, two significant federal regulatory actions reshaped the landscape of employer classification in the United States. The National Labor Relations Board… Continue Reading →
ERISA Investment Advice Fiduciary Status After the Department of Labor’s Reinstatement of the Five-Part Test, and What ERISA Fidelity Bond Underwriters Should Understand On March 18 and March 20, 2026, the United States Department of Labor formally implemented the judicial… Continue Reading →
Every VEBA Plan Sponsor Must Understand the Bonding Mandate Under ERISA. A VEBA ERISA fidelity bond is not optional. Voluntary Employees’ Beneficiary Associations (VEBAs) occupy an important niche within the American employee benefits system. While the term “VEBA” frequently appears… Continue Reading →
ERISA Fidelity Bonds and Lloyd’s of London Approval Requirements, NAIC Alien Insurer Eligibility, and Department of Labor Compliance Standards for Section 412 Bonding The ERISA fidelity bond sits at a regulatory crossroads where employee benefits law borrows the risk transfer… Continue Reading →
The Cyber Theft Gap: Why an ERISA Fidelity Bond May Not Respond to Modern Cyber-Enabled Losses, and How Sponsors Close the Exposure The retirement plan ecosystem has become a high-value target for cybercriminals because defined contribution plans concentrate liquid assets,… Continue Reading →
2026 EBSA Cybersecurity Enforcement and ERISA Fidelity Bonds: Compliance, Claims Causation, and Control Frameworks. First installment of our ERISA bond special report. Plan sponsors have always understood that the ERISA fidelity bond is mandatory, but too often it is treated… Continue Reading →
Recent U.S. Department of Labor (DOL) and Employee Benefits Security Administration (EBSA) actions have signaled a more permissive posture toward certain “non-traditional” retirement plan investments, particularly digital assets and alternative investment components within defined contribution structures. For plan sponsors, advisers,… Continue Reading →
ERISA Fidelity Bond Impact Analysis—H.R. 2988’s Fiduciary Reforms vs. ERISA Bond Compliance Under ERISA § 412 H.R. 2988, as reported in the House on December 30, 2025, is best analyzed as a fiduciary-governance proposal rather than an ERISA fidelity bond… Continue Reading →
The Employee Retirement Income Security Act of 1974 requires that every person who handles plan assets be bonded to protect against loss due to fraud or dishonesty. Under ERISA Section 412 plan officials must be covered by a fidelity bond… Continue Reading →
The Retrodate ERISA Fidelity Bond: Unraveling ERISA’s Hidden Risk The Employee Retirement Income Security Act (ERISA) was introduced in 1974, a federal law that protects employees and beneficiaries that participate in private sector retirement and health plans. ERISA is enforced… Continue Reading →
Benefit plan administrators, TPAs, registered investment advisors and plan sponsors often question the requirement for an ERISA fidelity bond that protects plan assets from dishonest conduct. So, we offer a brief ERISA fidelity bond explanation. The historical trigger that led… Continue Reading →
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