Category Archives: ERISA

“Tipping Off” Potential ERISA Fiduciary Violations – Part 1

Posted on August 11, 2016 by jwatkins

As a former catcher, I always enjoyed watching a pitcher to see if he was “tipping off” his pitches so our team could gain an advantage. As an ERISA attorney, one of the services I provide to ERISA consulting clients … Continue reading →

Posted in 403b, Annuities, compliance, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, pension plans, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , | Leave a comment

401(k) Alert: Protecting Plan Sponsors and Plan Participants Under the BICE Exemption

Posted on July 27, 2016 by jwatkins

Most of the litigation against 401(k) plans has focused on excessive fees and/or the poor quality of investment options within a plan. With the effective date of DOL’s new fiduciary standard and the Best Interests Contract exemption (BICE) coming in … Continue reading →

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, BICE, compliance, DOL fiduciary standard, ERISA, fiduciary compliance, fiduciary law, investment advisers, investments, IRAs, pension plans, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , | Leave a comment

The Two Minute ERISA Fiduciary Liability Risk Management Challenge

Posted on July 20, 2016 by jwatkins

I love fiduciary law. In a world with so many legal uncertainties, indecision and “weasel words,” fiduciary law is demanding and direct. The Restatement (Third) of Trusts, specifically Section 90, the Prudent Investor Rule, sets out the basic fiduciary requirements. … Continue reading →

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, ERISA, evidence based investing, fiduciary compliance, fiduciary law, investment advisers, investments, pension plans, retirement plans, RIA, RIA Compliance, securities compliance, wealth management | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

James W. Watkins, III Quoted in 401(k) “Best Practices” Article

Posted on July 6, 2016 by jwatkins

I was recently quoted in an article addressing best practices of leading 401(k) plans. The article raises a number of relevant issues regarding providing a meaningful plan to help plan participants accomplish their financial goals. The article, “Is your 401(k) … Continue reading →

Posted in 401k, 401k investments, 404c, ERISA, investments, pension plans, retirement plans, wealth management | Tagged , , , , , , , | Leave a comment

A Little More Knowledge on Reducing 401(k) Plan Sponsor Liability

Posted on June 24, 2016 by jwatkins

As I have mentioned several times, I believe that the current environment presents investment advisors with a perfect opportunity to enter the 401(k) arena and prove the value added proposition that they can provide. The DOL’s recently announced fiduciary standard … Continue reading →

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, ERISA, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , | Leave a comment

To BICE Or Not To BICE, That Is the Question.

Posted on June 7, 2016 by jwatkins

I read an interesting article today on LinkedIn Pulse entitled “401(k) Opportunity, Is That You ?” by Rebecca Hourihan. https://www.linkedin.com/pulse/401k-fiduciary-opportunity-you-rebecca-hourihan-aif-ppc-?trk=mp-reader-card Ms. Hourihan addressed the same question that several of my plan sponsor fiduciary clients have asked me – what are the potential … Continue reading →

Posted in 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth preservation | Tagged , , , , , , , , , , , , , , , | Leave a comment