The Non-Qualifying Assets ERISA Fidelity Bond: Underwriting an Asset Class in Transition A quiet rule has suddenly become loud. For nearly five decades, a single sentence buried in the Department of Labor’s regulations governed how surety underwriters approached one of… Continue Reading →
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 →
“Form 14 Fidelity Bonds Are Hard to Place Because Broker-Dealer enterprises Combine High Velocity Asset Flows, Insider Access, Cyber-Enabled Deception, and Litigation Prone Coverage Triggers That Concentrate Severity and Constrain Market Capacity. We write them, but there is an art… 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 →
Surety Bonds in Public Construction The importance of surety bonds in public construction work is a cornerstone of modern infrastructure development, serving as an indispensable risk management tool that safeguards public funds and guarantees project delivery. In an era of… 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 →
Predictions of rising surety capacity demand in 2026 are often described as a general consequence of higher infrastructure spending. That explanation is largely accurate, but it understates the specific mechanism most likely to shape surety markets in 2026. The sharper,… Continue Reading →
Effective January 26, the Kentucky Department of Financial Institutions (DFI) will begin accepting Electronic Surety Bonds (ESB) through the Nationwide Multistate Licensing System & Registry (NMLS) for firms applying for or renewing a Federal Student Loan Servicer License. This change… Continue Reading →
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