401(k) Fridays Podcast

Originally, this was going to be a cyber episode, but based on a recent conversation with plaintiff’s attorney Jerry Schlichter and some subsequent litigation, thought it might be good to expand our horizons to include employee data. My guest today, Jenny Eller, Principal and co-head of the Fiduciary Practice at Group Law Group brings her experience and perspective to the conversation. We first dive into the data side of the conversation with some general thoughts on the business practices around data, whether it is a plan asset, and why it could be a hot topic for the foreseeable future. Then we make a soft pivot to cyber risks, share thoughts on where employers might be worrying too much and where maybe they are not worrying enough. Jenny also makes some interesting points on how ERISA doesn’t even contemplate some of the losses we are experiencing in plans today and what plan sponsors can to to protect their plan, participants and themselves. Good stuff!  Before we get started, I am so excited to share tha