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Category Archives: fiduciary compliance
“The Active Management Value Ratio 4.0: What Investors and Investment Fiduciaries REALLY Need to Know About Wealth Accumulation and Preservation”
The new video is available on the InvestSense YouTube channel.
Posted in fiduciary compliance
Tagged 401k, 403b, fiduciary, fiduciary law, plansponsors, retirement plans, t, trustees
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2Q 2021 Active Management Value Ratio “Cheat Sheet:” Every Picture Tells A Story
What was the fund’s stated return? At that point, many people, both investment professionals and ordinary investors, stop their AMVR analysis of the actively managed fund in question, unnecessarily exposing themselves to potential financial losses and/or legal liability. When InvestSense … Continue reading
CommonSense InvestSense ERISA 401(k)/403(b) Litigation
The very essence of leadership is that you have to have a vision. You can’t blow an uncertain trumpet. – Father Theodore Hesburgh, University of Notre Dame Over twenty years ago, I registered the domain name “investsense.com.” Since then, I … Continue reading
Cost-Efficiency and Correlation of Returns: The Often Overlooked Factors in Fiduciary Investing
“Properly measured, the average actively managed dollar must underperform the average passively managed dollar, net of costs….The best way to measure a manager’s performance is to compare his or her return with that of a comparable passive alternative.”1 Ask a … Continue reading
The SCOTUS Decision on Hughes v. Northwestern University: A Pivotal Point for Plan Sponsors and Plan Advisers?
The Solicitor General of the United States recently filed an amicus brief with SCOTUS asking the Court to hear the case of Hughes v. Northwestern University (Northwestern). The case involves questions regarding the management of University’s 403(b) plan, specifically potential … Continue reading
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1Q 2021 AMVR Cost-Efficiency “Cheat Sheet”
We provide two sets of data so that users can choose which data to use. The nominal data is based on the publicly disclosed data. The second set of data is the nominal data adjusted for risk and the funds’ … Continue reading
“The Relentless Rules of Humble Arithmetic: 401(k) Fiduciary Litigation at the Crossroads”
If we desire respect for the law, we must first make the law respectable.”Justice D. Brandeis Brandeis SCOTUS is currently deciding whether to hear the Hughes v. Northwestern University1 403(b) case. The key issue in the case is an allegation … Continue reading
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A Picture is Worth a 1,000 Words: Cost-Efficiency and the Future of 401(k) and Fiduciary Litigation
I have written posts regarding the trends in 401(k) and 403(b) fiduciary breach litigation, including Common Sense and Cost-Efficiency: Making ERISA Meaningful Again | The Prudent Investment Fiduciary Rules (wordpress.com) and The Active Management Value Ratio™3.0: Cost-Efficiency and Compliance With … Continue reading
Common Sense and Cost-Efficiency: Making ERISA Meaningful Again
After reading the court’s opinion dismissing the Intel 401(k) action, two things immediately came to mind: (1) the brilliance of the First Circuit’s Brotherston decision, and (2) how increasingly some of the dismissals of 401(k) actions seem to be more … Continue reading
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The Active Management Value Ratio™3.0: Cost-Efficiency and Compliance With Securities AND ERISA Regulations
FINRA’s current suitability standard is found in Rule 2111 (Rule). The Rule essentially sets up a three-part suitability analysis that broker-dealers and registered representatives must conduct before recommending investment products and/or strategies to the public. The two key standards contained … Continue reading
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