The U.S. District Court for the Southern District of Florida recently granted a 403(b) defined contribution plan's motion to compel arbitration in Holmes et al v. Baptist Health South Florida, Inc. et al.
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Many issues keep employee benefit plan administrators,
committees, and sponsors (plan fiduciaries) awake at night, but
cybersecurity is especially troubling for many reasons. Employee
benefit plans face significant cybersecurity threats and, given the
incredibly significant amount of assets involved, the consequences
of even one single attack can be devastating. Further, plan
fiduciaries can have the best cybersecurity procedures in place for
their own internal systems, and yet the plan or a plan participant
can still experience a cyber-breach because of the numerous
interfaces the plan has with third parties, such as record-keepers,