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Recent Posts
- May It Please The Court: THE EBSA’s Legally Unsupported, Unfounded, and Bootstrapped Policies Create a Systemic Threat to Plan Participants and Plan Sponsors Alike and Must Be Rejected
- A Call for Senate Oversight Hearings: The Systemic Risk to Plan Sponsors and Plan Participants Created by the EBSA’s Expansive and Legally Unsupported Extrapolations of ERISA Fiduciary Principles
- DOL/EBSA Field Assistance Bulletin 2026-01 Is Not Entitled to Judicial Deference Under The Loper Bright Decision
- Fatally Flawed: Why DOL Administrative Bulletin 2026-01 Will Not, and Should Not, Withstand Judicial Scrutiny
- Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam
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Category Archives: fiduciary compliance
Hughes v. Northwestern University and the Future of 401(k) Plans
I thoroughly enjoy reading a well-reasoned legal brief or decision. For instance, the Enron1 decision, while lengthy, is an excellent treatise on ERISA. The First Circuit’s decision in Brotherston v. Putnam Investments, LLC2 is one of the best decisions I … Continue reading
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Tagged 401k, 401k compliance, fiduciary, fiduciary law
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The Active Management Value Ratio: Quantifying the “New” Fiduciary Prudence
Right now, the DOL and the SEC are trying to define “prudence” and “best interest,” respectively. I am on record as saying that the simplest and most logical step would be one, universal standard of prudence, using the Investment Advisor’s … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, Active Management Value Ratio, cost-efficiency, DOL fiduciary rule, fiduciary compliance, fiduciary liability, Fiduciary prudence, fiduciary responsibility, pension plans, retirement planning, retirement plans, wealth preservation
Tagged 401k, 403b, ERISA, fiduciary, fiduciary liability, fiduciary responsibility, investment advisers, plan sponsors, retirement plans, wealth preservation
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New Charley Ellis interview
People that know me know how much I respect Charley Ellis. His classic, “Winning the Loser’s Game, ” changed my whole perspective on investing. My popular metric, the Active Management Value Ratio, is based primarily on WLG. Robin Powell has … Continue reading
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“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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