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Many 401(k) plans rely on an administrative routine that entails periodic meetings with plan advisors; review of advisor reports on fees, participant usage and investment performance; and preparation of minutes of any decisions made at advisor meetings. But this procedure, by itself, may be insufficient to satisfy applicable ERISA fiduciary standards. Active input is required […]

Dr. Stephen Thaler created a generative artificial intelligence named the “Creativity Machine.” The Creativity Machine made a picture that Dr. Thaler titled “A Recent Entrance to Paradise.” Dr. Thaler tried to register the copyright in the work with the United States Copyright Office. On the application, Dr. Thaler listed the Creativity Machine as the work’s […]

Credit Morningstar for publicizing this doozy of a case! A tax lawyer and partner in an established law firm personally made two IRA-to-IRA rollovers in a 12-month period. He did so in reliance on an IRS publication which advises that a taxpayer can do so if no single IRA is involved in more than one […]

On January 1 of each year, some copyrighted works fall into the public domain. That means, they are free for use, copying and as a basis for derivative works. Works created before 1930 are now in the public domain. Thousands of works spanning all copyright categories make up the Public Domain Class of 2026. Members […]

Here’s What Happened: Cozy Comfort Co. manufactures and sells oversized hooded sweatshirts and blankets. Cozy Comfort has a design patent (see graphic). Cozy Comfort uses “THE COMFY” as a trademark for its products. Top Brand LLC also sells oversized hooded sweatshirts and blankets and uses the trademark “COMFY”. Cozy Comfort accused Top Brand of patent […]

The “Big Beautiful Bill” (BBB) is touted as eliminating income tax on Social Security benefits with the “No Tax on Social Security” slogan. But there is no income exclusion for Social Security benefits in the BBB. So what’s going on? Instead of a blanket exclusion from income, the BBB grants taxpayers age 65 or older […]

Here’s What Happened: Zunum Aero, Inc. developed aerospace technology for hybrid-electric aircraft and protected aspects of it as trade secrets. Zunum got Boeing Company’s attention. The parties entered into an investment agreement. The investment agreement contained a confidentiality clause. The agreement also restricted Boeing’s use of Zunum trade secrets to only what would be needed […]

Here’s What Happened: Since August 2019, foreign domiciled trademark applicants and registrants must be represented by a qualified US licensed attorney. Qualified means the attorneys are active members in good standing of the highest court in a US state or jurisdiction. The reason for the rule is simple. Individual attorneys who are not licensed to […]

Cyber-attacks on Section 401(k) plans and their participant accounts are not only increasing in number but, with the use of AI, they are increasing in sophistication. Plan fiduciaries, including employers which sponsor 401(k) plans, need to take steps to protect plan assts from these risks by implementing appropriate cybersecurity measures. All employees (not just HR […]