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.

Investment Advisers and the Internet

First, the necessary disclaimer – there is no way to cover all the applicable rules and regulations regarding investment advisers and the internet in a single blog.  While it is hoped that the analysis provided herein is helpful, it is neither … Continue reading

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RIA Compliance in 3-D

Regulators are stepping up their surveillance of RIA firms.  While RIA firms are complaining about the time and cost requirements to prepare and maintain an acceptable compliance program, most compliance issues can be reduced to one of three areas – … Continue reading

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Don’t Go There!

My clients are familiar with several pet phrases that I use to state my opinion in a short, yet definitive manner.  One of those phrases that I find myself using a lot is “don’t go there.”  As a compliance consultant … Continue reading

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The RIA’s Achilles’ Heel

As an attorney and a compliance consultant, I realize the difference between RIA compliance and RIA risk management.  I also realize the importance of both.  Unfortunately, I see far too many cases where RIA firms have unnecessary liability risk exposure … Continue reading

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Due Diligence Doldrums

Whether you are a registered representative, an investment advisory representative, or both, you have a legal obligation to do your due diligence regarding the suitability of any investments you intend to recommend to your clients.  What many brokers and advisory … Continue reading

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Investment Advisers and Outsourcing

Outsourcing is definitely one of the hot topics with investment advisers.  Most investment advisers I talk to about outsourcing feel that outsourcing asset management and/or compliance responsibilities will allow them to concentrate more on building up their assets under management and, consequently, their fees. … Continue reading

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The Little Known Win-Win Fiduciary “Gotcha”

It is well-established that investment advisers are fiduciaries.  Fiduciary law is based primarily on principles developed under agency law and trust law.  When you mention fiduciary law, most people immediately think of the duty of loyalty, the requirement that a … Continue reading

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The Times They Are A Changin’

With the pending release by the SEC of the new fiduciary rules, I have received a lot of e-mails and calls regarding the potential implications for currently registered  investment advisers.  Since investment advisers have been held to be fiduciaries under both the … Continue reading

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A Pure Heart and an Empty Head Is No Defense

Unbeknownst to many investment advisers, it is their responsibility to educate themselves as to applicable legal standards for their advisory practices.  Investment advisers affiliated with a broker-dealer often assume that the broker-dealer will keep them updated as to any compliance … Continue reading

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Hello world!

IA Insight is a blog for investment advisers and those who advise investment advisers, such as attorneys and compliance personnel.  The goal is to provide practical and meaningful information to help investment advisers and their advisers develop and maintain acceptable “best … Continue reading

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