Ary Rosenbaum

Garden City

Host at That 401(k) Podcast

ERISA attorney from The Rosenbaum Law Firm P.C., a Garden City law firm with a penchant for flat fee billing.

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Articles

UBS Faces Forfeiture Lawsuit | JD Supra

2 days ago | jdsupra.com | Ary Rosenbaum

UBS has found itself the latest target in the growing wave of ERISA litigation surrounding the handling of forfeitures in 401(k) plans. In Czakoczi v. UBS AG et al., filed in the District of New Jersey, the allegations mirror a familiar tune: that UBS prioritized its own bottom line over the financial best interests of plan participants. Here’s the crux of the matter—one that should make any fiduciary sit up and pay attention.
Here we go again | JD Supra

3 days ago | jdsupra.com | Ary Rosenbaum

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome. Yes, Judge Kacsmaryk blessed the 2022 regulation under the new post-Loper Bright world, but legal survivability is hardly the same thing as sound policy. The rule’s core flaw is philosophical, not procedural: it invites fiduciaries to sprinkle non-pecuniary dust onto investment decisions that should be grounded, full stop, in dollars and risk-adjusted return.
Top 10 Signs You Have An Unhealthy 401(k) Plan | JD Supra

4 days ago | jdsupra.com | Ary Rosenbaum

June 23, 2025 To embed, copy and paste the code into your website or blog: When it comes to your health, your body doesn’t lie. Chest pain, chronic fatigue, blurry vision—they’re all warning signs that something is off. You ignore them at your own risk. Your 401(k) plan? It’s not that different.
The Check’s in the Mail? Why That’s a Problem for Your 401(k) | JD Supra

4 days ago | jdsupra.com | Ary Rosenbaum

Two years ago, a guy named Handy tried to do something that should be dead simple in 2025: roll over his $114,000 401(k) after changing jobs. He was 33, building toward his future. But instead of a clean, secure digital transfer, Paychex sent him—wait for it—paper checks. And then the real disaster struck: those checks were intercepted and fraudulently cashed. That $114,000? Gone. Just like that. Now Handy’s stuck in federal court, chasing down money that was supposed to carry him into retirement.
Late 5500s: The Maddening Decision Not to Use the DFVCP | JD Supra

1 week ago | jdsupra.com | Ary Rosenbaum

There are few things more maddening, more viscerally frustrating, than watching a plan sponsor or service provider steer themselves into the abyss out of sheer pride or ignorance—or worse, some toxic blend of both. But in the twilight centuries of the 5500s, nothing tested my patience quite like the decision not to use the DFVCP. Let me be clear: the Department of Labor’s Delinquent Filer Voluntary Compliance Program (DFVCP) is a gift.
Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds | JD Supra

1 week ago | jdsupra.com | Ary Rosenbaum

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans. To quote every compliance officer I’ve ever met: here we go again. Now let me be clear—I love crypto. I believe in decentralization, innovation, and financial technology that isn’t stuck in the Stone Age of paper checks and fax machines.
The letter from the lawyer

1 week ago | that401ksite.com | Ary Rosenbaum

Absolutely. Here’s your piece in the voice of Ary Rosenbaum—refined for tone, rhythm, and clarity while keeping the conversational, legal-insider style you’re known for. When I was in law school, I was the editor of the student magazine. One semester, I broke a story about a scandal at one of the law journals. The editor-in-chief of that journal—who didn’t appreciate the spotlight—handed me a letter from her attorney.
Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds | That 401k Site

1 week ago | that401ksite.com | Ary Rosenbaum

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against offering cryptocurrency in 401(k) plans. To quote every compliance officer I’ve ever met: here we go again. Now let me be clear—I love crypto. I believe in decentralization, innovation, and financial technology that isn’t stuck in the Stone Age of paper checks and fax machines.
Late 5500s: The Maddening Decision Not to Use the DFVCP

1 week ago | that401ksite.com | Ary Rosenbaum

There are few things more maddening, more viscerally frustrating, than watching a plan sponsor or service provider steer themselves into the abyss out of sheer pride or ignorance—or worse, some toxic blend of both. But in the twilight centuries of the 5500s, nothing tested my patience quite like the decision not to use the DFVCP. Let me be clear: the Department of Labor’s Delinquent Filer Voluntary Compliance Program (DFVCP) is a gift.
The Check’s in the Mail? Why That’s a Problem for Your 401(k)

1 week ago | that401ksite.com | Ary Rosenbaum

Two years ago, a guy named Handy tried to do something that should be dead simple in 2025: roll over his $114,000 401(k) after changing jobs. He was 33, building toward his future. But instead of a clean, secure digital transfer, Paychex sent him—wait for it—paper checks. And then the real disaster struck: those checks were intercepted and fraudulently cashed. That $114,000? Gone. Just like that. Now Handy’s stuck in federal court, chasing down money that was supposed to carry him into retirement.