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01. Criminal Law
Property Disputes and Personal Injury
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Western Pension Highlights: Contest Win, ERISA Anniversary & Labor Day
Big news from the Western Pension Meeting! Our team is proud to share that we won this year’s Photo Contest!
2 minutes ago1 min read


Sherrie Boutwell & Evan Giller Named to Best Lawyers in America® 2026 Edition
We are proud to share that The Best Lawyers in America® has recognized two of our partners in its 2026 Edition.
Aug 211 min read


401(k) Plans: Alternative Investments are In and En Vogue, But are They the Right Choice for Your Plan?
As we’ve advised, the times are changing when it comes to what participants’ retirement plan investment options. On Thursday, August 7, 2025, the president signed an executive order to allow 401(k) participants to join institutional investors and non-ERISA retirement plans in investing in alternative investments like private equity, cryptocurrency, and real estate. The order is aimed to place ERISA regulated 401(k) and defined contribution plan participants on an equal play
Aug 213 min read


Daily Journal Features Sherrie Boutwell on Law Firm Growth
In her recent Daily Journal article "Strategic Connections Can Power Practice Growth," Sherrie Boutwell, partner at women-owned ERISA firm Boutwell Fay LLP, highlights collaboration as a key growth strategy for niche law firms.
Aug 141 min read


Enhanced Premium Tax Credits are Ending, but ACA Penalties Are Here to Stay and Are Increasing
The One Big Beautiful Bill Act (“Bill”) did not extend the enhanced premium tax credits (“PTCs”) which help make health insurance purchased through the marketplace (e.g., Covered California) more affordable for millions of Americans. The Affordable Care Act’s employer shared responsibility penalties are only imposed in situations where a full-time employee receives a PTC or cost-sharing reduction.
Aug 73 min read


It’s Time to Restate Your Pre-approved 403(b) Plan!
Each employer that sponsors a 403(b) plan which uses a pre-approved plan document must ensure that document is restated to account for changes in law by December 31, 2026.
Especially because organizations in the nonprofit and public sectors often face resource and staffing constraints, it’s crucial they start the restatement process now.
Jul 242 min read


Update: Ninth Circuit Dismisses Intel’s 401(k) Lawsuit Over Private Equity Investments
Following up on our prior post on private equity investments in 401(k) plans, the Ninth Circuit Court of Appeals has now dismissed a six-year-long lawsuit brought by Intel employees against the company. The lawsuit centered on Intel’s inclusion of private equity and hedge funds in its 401(k) defined contribution plans, alleged that offering these investment options violated fiduciary duties under the Employee Retirement Income Security Act (ERISA).
Jul 171 min read


Skrmetti: On the (Rational) Basis of Sex
On June 18, 2025, the majority of the United States Supreme Court held Tennessee’s law prohibiting access to gender-affirming care for certain minors was permissible under rational basis review. The Tennessee law at issue, SB1, forbids healthcare providers from providing puberty blockers or hormones to minors.
Jul 102 min read


Happy Fourth of July from Boutwell Fay
Holiday Reminder: Please note that our office will be fully closed on Friday, July 4th.
Jul 21 min read
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