Author Archives: jwatkins

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About jwatkins

I am a securities and ERISA attorney. I hold CFP Board Emeritus™ status and I am an Accredited Wealth Management Advisor™. I provide fiduciary risk management consulting to 401k/430b plans, trustees, RIAs and other investment fiduciaries. I am a 1977 graduate of Georgia State University and a 1981 graduate of the University of Notre Dame Law School. I am the author of "CommonSense InvestSense: The Power of the Informed Investor" and "The 401(k)/403(b) Investment Manual: What Plan Sponsors and Plan Participants REALLY Need To Know" I write two blogs, "CommonSense InvestSense, investsense.com, and "The Prudent Investment Fiduciary Rules, fiduciaryinvestsense.com. As a former compliance director, I have extensive experience in evaluating the legal prudence of various types of investments, including mutual funds and annuities. My goal is to combine my legal and compliance experience in order to help educate investors and investment fiduciaries on sound, proven investment strategies that will help them protect their financial security and/or avoid unnecessary fiduciary liability exposure.

“Piddle, Twiddle and Resolve”

I just finished Bob Clark’s excellent article, “Dear SEC Chairwoman: About That Pesky Fiduciary Issue…” (http://www.advisorone.com/2013/06/28/dear-sec-chairwoman-about-that-pesky-fiduciary-iss). In the article, Mr. Clark suggests that the SEC be reminded of various statements listed on its web page, including its mission statement to … Continue reading

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New “Barron’s Advisor” List-Potential Compliance and Fiduciary Issues

Barron’s recently released a new list, the “Barron’s Advisor” list. While advisors obviously enjoy being placed on such “top” or “best” lists, Barron’s list raises various issues that can serve as a lesson in addressing potential compliance and fiduciary issues … Continue reading

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Upon Further Review: Do We Already Have a Universal Fiduciary Standard?

The debate over a universal fiduciary standard for the financial services industry continues.  To date, as John Adams lamented in “1776,” “piddle. twiddle and resolve, not a damned thing do we solve.” Several studies have conclusively shown that the American … Continue reading

Posted in 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, securities compliance | Tagged , , , , , , , , , , , | 2 Comments

How “Safe” Are ERISA 401(k)/404(c) Safe-Harbors?

Like so many others, I provide consulting services to pension plans. Unlike others, I focus on the risk management aspect of pension plans instead of the fundamental, or administrative, aspects of a plan.  I chose to focus on the risk … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, retirement plans, securities | Tagged , , , , , , , , , , , | 1 Comment

The Tibble Decision – 3 Valuable Lessons for Plan Sponsors and Other Plan Fiduciaries

Reading the Ninth Circuit’s recent decision in Tibble v. Edison International, I could not help but notice three issues that I believe will significantly impact ERISA plan sponsors and other plan fiduciaries going forward. First, the Court correctly pointed out … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, retirement plans | Tagged , , , , , , , , , , , , | 2 Comments

Has Schwab Opened Pandora’s Box for RIAs? – Part Two

In a recent post, I suggested that the recent court decision upholding Schwab’s class action waiver in customer’s contracts could have potential liability implications for RIAs and other fiduciaries that recommend or use Schwab, or for that matter any other … Continue reading

Posted in compliance, fiduciary compliance, fiduciary law, RIA, RIA Compliance, securities, securities compliance | Tagged , , , , , , , | Leave a comment

Has Schwab Opened Pandora’ Box for RIAs?

Schwab’s recent victory upholding its class action waiver provision in its customer contracts raises a number of potential issues for fiduciaries, especially since most B/D’s can be expected to follow suit with similar provisions if Schwab’s waiver provision withstands the … Continue reading

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Gifts and Conflicts of Interest

I received a call yesterday from an RIA firm that had been providing magazine subscriptions and other gifts to clients that referred new clients to the firm.  The managing member of the RIA firm said that he had attended a … Continue reading

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“The 401(k)/403(b) Investment Manual”

My new book, “The 410(k)/403(b) Investment Manual” is now available from both Amazon and CreatSpace. The manual is intended to provide both plan participants and plan sponsors with valuable information to allow them to properly evaluate the investment options within … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA | Tagged , , , , , , , , , , , , | Leave a comment

Your RIA, Their Money!

As an RIA consultant, I continue to be amazed at those firms who do not take the time to properly inform themselves about the regulatory and liability aspects of engaging in RIA activity. Ignorance and/or good intentions are simply not … Continue reading

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