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Recent Posts
- The Devil Is In the Details: Monitoring and Updating an AMVR Analysis
- An Accident Waiting to Happen: Annuities, Spreads, and Fiduciary Liability
- Thinking in Bets: Using Behavioral Psychology to Improve Fiduciary Prudence
- Trust, But Verify: Protecting Against Investment Consultants’ Inherent Conflicts of Interest
- Reading Between the Marketing Lines: Fiduciary Risk Management in the Face of Complexity and Conflicts-of-Interests
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Category Archives: fiduciary
The Devil Is In the Details: Monitoring and Updating an AMVR Analysis
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® The first quarter of 2024 produced an interesting situation, resulting in an opportunity to demonstrate both the value of the Active Management Value Ratio (AMVR) and its nuances. The Fidelity … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, AMVR, closet index funds, compliance, cost-efficiency, defined contribution, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth management, wealth preservation
Tagged #litigation, 401k, 401k compliance, defined contribution, ERISA, fiducairy risk management, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibilities, investment advisers, retirement plans
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An Accident Waiting to Happen: Annuities, Spreads, and Fiduciary Liability
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® [A] fiduciary shall discharge that person’s duties with respect to the plan solely in the interests of the participants and beneficiaries; for the exclusive purpose of providing benefits to participants … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Annuities, compliance, cost consciousness, cost-efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, prudence, retirement plans
Tagged 401k, 401k compliance, 401k fiduciary, 403b, Annuities, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary responsibilities, fiduciary risk management, fiduciaryprudence, retirement plans
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Thinking in Bets: Using Behavioral Psychology to Improve Fiduciary Prudence
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® My decision to transition into fiduciary risk management was based largely on my love of the law and psychology. My minor in college was psychology, with a focus on cognitive … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, Annuities, cost consciousness, cost-efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, Mutual funds, pension plans, plan advisers, plan sponsors, retirement plans, risk management
Tagged 401k, 401k compliance, 401k risk management, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary responsibility, investment advisers, retirement plans, risk management
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Trust, But Verify: Protecting Against Investment Consultants’ Inherent Conflicts of Interest
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® The courts have consistently recognized the inherent conflict of interest that exists in the investment industry between investment advisers/consult and clients: “In this conflict of interest, the law wisely interposes. It acts … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plans, 401k risk management, 403b, Active Management Value Ratio, cost-efficiency, Cost_Efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, investment advisers, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management
Tagged 401k, 401k compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, litigation
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Reading Between the Marketing Lines: Fiduciary Risk Management in the Face of Complexity and Conflicts-of-Interests
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Simplicity is the new sophistication. – Steve Jobs Complexity is job security. – Rick Ferri I recently conducted a fiduciary prudence audit for a 401(k) plan. During the review of my audit … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, cost consciousness, ERISA, fiduciary, fiduciary compliance, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, pension plans, plan advisers, plan sponsors, retirement plans
Tagged 401k, 401k compliance, 401k risk management, ERISA, ERISA liability, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary risk management, plan sponsor, retirement plans
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The Fiduciary Prudence Ratio™: Quantifying Fiduciary Prudence and the Quality of Investment Advice
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Most pension plans use mutual funds as the primary investment options within their plan. The Restatement of Trusts (Restatement) states that fiduciaries should carefully compare the costs and risks associated with a … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, AMVR, cost consciousness, cost-efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, Mutual funds, pension plans, plan sponsors, prudence
Tagged 401k, 401k litigation, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibilities, fiduciary risk management, fiduciarylitigation, retirement plans
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No Bonus Points for Complexity: Simplifying Fiduciary Risk Management
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® I was at a professional reception over the holidays when someone introduced themselves and asked the “what do you do for a living” question. The rest of the conversation went something like … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k risk management, 403b, Active Management Value Ratio, AMVR, Annuities, consumer protection, cost consciousness, cost-efficiency, defined contribution, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k fiduciary, ERISA, fiduciary, fiduciary duty, Fiduciary prudence, retirement plans, risk management
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A Curious Paradox: “Meaningful Benchmarks,” Fiduciary Prudence, and the Active Management Value Ratio
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing has happened.Winston Churchill Some courts continue to attempt to justify premature dismissals of … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interest, closet index funds, compliance, consumer protection, cost consciousness, cost-efficiency, defined contribution, DOL, ERISA, ERISA litigation, evidence based investing, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management, SCOTUS, Supreme Court, trust realtionships, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, compliance, defined contribution, ERISA, fiducairy risk management, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciarylitigation, investment advisers, plansponsors, retirement plans
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The InvestSense Challenge for Plan Sponsors: Key Fiduciary Liability Risk Management Questions
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® I often hear or read plan sponsors and other investment fiduciaries describing how hard their jobs are, how difficult it is to select and monitor their plan’s investment options and avoid fiduciary … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, Annuities, compliance, consumer protection, cost consciousness, cost efficient, Cost_Efficiency, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, financial planning, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, RIA, RIA Compliance, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, Annuities, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, fiduciary oversight, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciarylitigation, fiduciaryoversight, retirement plans
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“Knew or Should Have Known: Annuities, Plan Sponsors, and Fiduciary Law – Part 2
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® In Part 1 of “Knew or Should Have Known”: Annuities, Plan Sponsors, and Fiduciary Law,” I examined the basic structure of fiduciary law and some of the potential fiduciary liability issues posed … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, Cost_Efficiency, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management, SCOTUS, Supreme Court, wealth management
Tagged 401k, 401k compliance, 401klitigation, 404c compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, Fiduciary prudence, fiduciary responsibilities, fiduciarylitigation, investment advisers, retirement plans, risk management
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The Prudent Investment Fiduciary Rules 
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