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Recent Posts
- The DOL’s Pizarro v. Home Depot Amicus Brief: Borzi and Gomez Don’t Live Here @ EBSA Anymore
- DOL’s Betrayal of American Workers Sends a Clear Message to American Workers: We Really Don’t Give a Damn About You!
- Implications of Section 78(3) of the Restatement (Third) of Trusts and the Expanding “Knew or Should Have Known” Liability Standard in the Era of AI
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Liability vs. In-Plan Annuities
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Responsibility vs. In-Plan Annuities
The Prudent Investment Adviser Rules
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Category Archives: IRA
Chief Judge of the 5th Circuit Calls Out His Brethren on Decision to Stay the DOL’s Retirement Security Rule
Congress passed ERISA in 1974 as a “comprehensive statute designed to promote the interests of employees and their beneficiaries in employer benefit plans.”1 The past fifty years has seen significant changes in the market and in the number and types … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, Annuities, Conflicts of Interest, consumer protection, DOL, DOL fiduciary standard, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary standard, investment advisers, IRA, IRAs, pension plans, plan advisers, plan sponsors, prohibited transactions, wealth management
Tagged compliance, DOL rule, ERISA, fiduciary, fiduciary law, Fiduciary litigation, Retirement Security Rule
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Deja Vu All Over Again?: Is the Annuity Industry Serving a Second Round of Annuity Misrepresentations Kool-Aid?
Bradley Campbell of Faegre Drinker recently commented on the unusual strength of the language in the Fifth Circuit’s “Memorandum Opinion and Order” staying the DOL’s Retirement Security Rule.1 Given distristrict court Chief Judge Lynn’s earlier well-reasoned analysis and opinion in … Continue reading
Posted in 401k, 401k litigation, 401k plan design, 401k risk management, Annuities, best interest, compliance, Conflicts of Interest, consumer protection, DOL, DOL fiduciary rule, DOL fiduciary standard, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, investment advisers, investments, IRA, pension plans, plan advisers, plan sponsors, retirement plans, SCOTUS
Tagged Annuities, compliance, Conflicts of Interest, ERISA litigation, fiduciary, fiduciary law, Fiduciary litigation, retirement plans, Retirement Security Rule, wealth management
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Judge Judy and the SEC’s Best Interest Proposal
The SEC recently announced its “kinda fiduciary”proposal, allegedly to provide investors with protection against abusive marketing strategies used by the investment industry. Interestingly, the SEC choose not to use the term “fiduciary” in announcing its proposal, instead referring to new … Continue reading
Posted in 401k, 401k investments, 403b, 404c, 404c compliance, BICE, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, financial planning, Impartial Conduct Standards, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interests, BICE, DOL fiduciary rule, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment analysis tools, pension plans, retirement plans, suitability, wealth management, wealth preservation
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May It Please the Court: Justice Denied As Courts Miss the Forest for the Trees in ERISA Actions
Price is what you pay, value is what you receive. – Warren Buffett As any trial attorney will tell you, there are times when you wonder if a judge just does not understand a case or if you are just getting … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, elder law, elderly investment fraud, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, financial planning, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, RIA, RIA Compliance, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, best interests, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, pension plans, retirement plans, RIA, wealth management, wealth preservation
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Transparency Is the Best Sunlight: Four Due Diligence Questions Plan Sponsors and Plan Participants Should Ask
Sunlight is the best disinfectant. – Justice Brandeis The ongoing attempts by the Department of Labor (DOL) and Congress to delay or completely reverse the DOL’s fiduciary rule sends a clear message to pension plan sponsors and plan participants – … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, BICE, closet index funds, compliance, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, Impartial Conduct Standards, investments, IRA, IRAs, prudence, retirement plans, RIA, RIA Compliance, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interests, BICE, compliance, DOL fiduciary rule, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, investment analysis tools, pension plans, retirement plans, RIA, RIA compliance, RIA risk management, risk management, securities compliance, suitability, wealth management, wealth preservation
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The Often Overlooked Fiduciary “Gotcha”: The Fiduciary Duty (and Challenge) of Cost-Consciousness
The vast majority of active managers are unable to produce excess returns that cover their costs.1 I recently posted an article discussing a brilliant complaint that was filed in connection with a new 401(k) excessive fees/breach of fiduciary duties action. … Continue reading
Posted in 401k, 401k compliance, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, Impartial Conduct Standards, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, RIA, RIA Compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interests, BICE, compliance, cost consciousness, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, pension plans, retirement plans, suitability, wealth management, wealth preservation
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A Better Mousetrap?: A New Format for Plaintiffs’ Complaints in ERISA Fiduciary Breach/Excessive Fee Cases?
My two most recent posts on this blog have dealt with recent decisions involving ERISA fiduciary breach cases alleging excessive fees in 401(k) plans. To avoid a possible false sense of security within the investment industry, the posts also discussed … Continue reading
Posted in 401k investments, BICE, closet index funds, compliance, DOL fiduciary rule, DOL fiduciary standard, ERISA, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, Impartial Conduct Standards, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, RIA, RIA Compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, Active Management Value Ratio, AMVR, best interests, BICE, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, IRA, pension plans, prudence, retirement plans, RIA compliance, suitability
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The Prudent Investment Fiduciary Rules 