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Recent Posts
- Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam
- Is the DOL/EBSA Trying to Serve Two Masters? ERISA Section 404(a)’s Independent Investigation and Evaluation Requirements and the DOL/EBSA Proposed Rule on Alternative Investments
- Much Ado About Nothing?: The DOL’s New Alternative Investment Rule vs. the Administrative Procedure Act
- Reasserting ERISA’s Private Enforcement Design: A Rebuttal to EBSA’s “Frivolous Litigation” Narrative
- When Income Is Not Enough: Why the Continued Inclusion of In-Plan Annuities May Breach ERISA Duties When Compared to Capital-Preserving Income Alternatives and Strategies
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Author Archives: jwatkins
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
Posted in fiduciary compliance
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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
“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 401k, 401k compliance, 404c, 404c compliance, asset allocation, compliance, ERISA, fiduciary, fiduciary law, investment advisers, investment analysis tools, retirement plans, risk management
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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
Posted in fiduciary compliance
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Secrets to a Successful 401(k) Plan
Over the holidays I was catching-up on my reading. One of the articles I came across involved a debate over which metric was more effective in assessing the success of a defined contribution plan, a plan’s rate of participation or … Continue reading
Seeing Is Believing: Marketing to Plan Sponsors
One of the most common questions I get is from advisor is how to convince plan sponsors that they need to review their plan for potential compliance issues. When I ask plan sponsors what it takes to get their attention, … Continue reading
Fiduciaries, We Ain’t No Stinkin’ Fiduciaries: Help for Fiduciaries and Unsuspecting Fiduciaries
As a securities attorney that represents investors and provides consulting and compliance services to RIA firms, I can honestly say that one of the most common problems I encounter with RIA firms is a failure to develop an effective risk … Continue reading
The Active Management Value Ratio™- Revealing the Undisclosed Cost of Actively Managed Mutual Funds
Despite overwhelming evidence that actively managed mutual funds generally under-perform passively managed index funds, the evidence indicates that most investors continue to purchase and hold actively managed funds. Even when an actively managed fund does outperform its relevant index, the … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA Compliance, securities, securities compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, asset allocation, compliance, fiduciary, fiduciary law, investment advisers, investment analysis tools, modern portfolio theory, portfolio optimization, retirement plans, RIA, RIA compliance, risk management, securities compliance, suitability
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Is ERISA Section 408(b)(2) the New 401(k) Fiduciary’s Achilles’ Heel
On July 1st, the disclosure requirements of ERISA 408(b)(2) go into effect with regard to plan providers and plan sponsors. Disclosure requirements between plan sponsors and plan participants are scheduled to go into effect at the end of August. Plan … Continue reading
Posted in 401k, 401k compliance, 401k investments, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA, RIA Compliance
Tagged 401k, 401k compliance, compliance, ERISA, fiduciary, fiduciary law, investment advisers, retirement plans, RIA compliance, securities compliance
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Integrated Estate Planning: A Win-Win for Both Clients and Wealth Managers
The concept of wealth management is an interesting proposition. A recent study by CEG Worldwide concluded that only 6 percent of those holding themselves out as wealth managers actually provided comprehensive wealth management services, with the remaining 94 percent simply … Continue reading
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