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The technology sector is booming—fueled by rapid expansion in generative AI, cloud platforms, SaaS solutions, and venture-backed innovation. In San Diego, this growth intersects with the region’s globally recognized biotech ecosystem, home to hundreds of research-driven companies that rely on advanced data tools, AI discovery platforms, and a highly specialized workforce. From early-stage biotech startups to publicly traded life sciences firms, companies in the region use equity-based compensation (e.g., stock options, restricted stock units (RSUs)) and nonqualified deferred compensation (NQDC) to attract and retain top scientific and executive talent. However, without careful legal structuring and administration, these arrangements can easily run afoul of Section 409A of the Internal Revenue Code (IRC), triggering steep tax penalties and administrative exposure.

Nonqualified Deferred Compensation (NQDC) arrangements—commonly structured under IRC § 409A—are invaluable tools for executives and key employees by offering customized compensation packages and aligning their financial interests with the company's long-term goals. However, missteps may trigger severe penalties under IRS rules.

The midpoint of the calendar year presents an ideal opportunity for retirement plan sponsors to assess their plan’s compliance status. Conducting a mid-year review not only helps identify and correct administrative errors early, but it also leverages the expanded options available under the IRS’s Employee Plans Compliance Resolution System (EPCRS), including the Self-Correction Program (SCP). These updates, outlined in IRS Revenue Procedure 2021-30, empower plan sponsors to fix a broader range of plan errors without the need for formal IRS approval.

Administering a retirement plan comes with a host of responsibilities—and occasional errors are inevitable. Fortunately, the IRS offers several correction pathways under its Employee Plans Compliance Resolution System (EPCRS) to help plan sponsors preserve the tax-qualified status of their plans. Below, we’ve compiled answers to some of the most frequently asked questions related to the Self-Correction Program (SCP), Voluntary Correction Program (VCP), and Audit Closing Agreement Program (AuditCAP).

As a plan sponsor, you're responsible for safeguarding the retirement and health benefit information of your employees. With more benefit-related activities occurring online, cybersecurity is no longer just a tech issue, it’s a fiduciary responsibility.

Sponsors and administrators of defined benefit pension plans (DBPPs) have a legal obligation to fund their plans in accordance with minimum contribution requirements under the Internal Revenue Code (IRC). A failure to make these contributions can result in significant penalties and endanger plan qualification. However, in certain cases, for single-employer DBPPs, relief may be available under IRC § 412(c).

As we move through 2025, the Employee Retirement Income Security Act of 1974 (ERISA) remains a cornerstone of employee benefits law. For plan sponsors, keeping up with ongoing changes in regulatory guidance, enforcement trends, and litigation risks is critical. Here’s a practical overview of what plan sponsors need to know this year to stay compliant and protect plan assets and participant rights.

As part of the ongoing effort to maintain the effectiveness of civil monetary penalties and enhance their deterrent impact, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 mandates annual adjustments for inflation.

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) released its updates and fact sheet for the fiscal year 2024. As a tax-qualified plan sponsor, there are implications and critical importance for ERISA compliance for plan fiduciaries and administrators...