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DOL Wins ERISA Appeal Authorizing its DOL Cybersecurity Subpoena

A recent Seventh Circuit Court of Appeals case reminds plan sponsors and service providers that ERISA grants the DOL broad authority to seek plan-related information reasonably relevant to an investigation from both fiduciaries and non-fiduciaries. Plan cybersecurity practices have been a recent focus of the DOL and resulted in its 2021 issuance of cybersecurity best practices for plan sponsors, fiduciaries, recordkeepers, and plan participants, which are available here.  In this case, the court ruled in favor of the DOL in connection with the DOL’s 2019 investigation into the processing of unauthorized distributions of plan benefits due to cybersecurity breaches in the ERISA plan accounts serviced by Alight Solutions LLC (“Alight”). The DOL indicated that Alight failed to report, disclose, and restore the distributions. Alight denied any knowledge of the breaches. Alight argued that the subpoena fell outside of the DOL’s authority because the DOL does not have the authority under… Continue Reading

August 2022
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