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Tag Archives: 401k compliance
Rethinking Costs in 401(k) Litigation
[C]ost-conscious management is fundamental to prudence in the investment function,…1 Two consistent themes of ERISA are cost-consciousness and risk management through diversification. With regard to cost-consciousness, studies have consistently shown that the overwhelming majority of actively managed mutual funds, the … Continue reading
Posted in fiduciary compliance
Tagged 401k compliance, ERISA, fiduciary, fiduciary law
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3Q 2021 Top Ten 401(k) AMVR “Cheat Sheet”
When InvestSense prepares a forensic analysis for a 401(k)/403(b) pension plan, a trust, an attorney, or an institutional client, we always do an analysis over five and ten-year time periods to analyze the consistency of performance. Since so many social … Continue reading
Posted in 401k, 401k investments, Active Management Value Ratio, AMVR, asset allocation, consumer protection, cost consciousness, cost-efficiency, Cost_Efficiency, Fiduciary prudence, fiduciary responsibility, financial planning, prudence, retirement planning, wealth management, wealth preservation
Tagged 401k compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, Mutual funds, retirement plans, wealth management, wealth preservation
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Game Changer-Why Hughes v. Northwestern University Matters
People constantly ask me why I am so fixated on the Hughes v. Northwestern University case (Northwestern403b). Simply put, SCOTUS’ decision in this case will have a significant impact on 401(k)/403(b) plan sponsors and every other investment fiduciary. The plan … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, Active Management Value Ratio, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, fiduciary standard, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, Restatement Trusts, retirement plans
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Non-Commission Annuities: The “New” Fiduciary Annuity Trap
“Equity abhors a windfall.” Fiduciary law is largely based on trust, agency and equity law, with an emphasis on fundamental fairness. Any situation in which a fiduciary benefits at a beneficiary’s expense is a potential breach of the fiduciary’s duties. … Continue reading
Posted in 401k, 401k compliance, 401k investments, Annuities, compliance, consumer protection, cost-efficiency, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, investment advisers, prudence, Reg BI, RIA Compliance, RIA marketing, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, Active Management Value Ratio, best interests, BICE, compliance, ERISA, ERISA litigation, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, investment advisers, prudence, RIA compliance, RIA risk management, wealth management, wealth preservation
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Back to the Future, Investment Fiduciary Style
With the Supreme Court’s new term scheduled to begin in a few days, we move closer to the Court hearing the Northwestern University 403b case. I believe that this case has the potential to be a landmark case, not just … Continue reading
Posted in 401k, 401k investments, 403b, Active Management Value Ratio, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, fiduciary standard, pension plans
Tagged 401k, 401k compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibility, fiduciaryliability
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Costs, Correlations, and Prudent Fiduciary Investing
The financial adviser tells you that a fund has a five-year compound return of 20 percent. The fund’s advertisement tells you that the fund has a five-year compound return of 20 percent. Morningstar tells you that the fund has a … Continue reading
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
Posted in fiduciary compliance
Tagged 401k, 401k compliance, fiduciary, fiduciary law
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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 CareerBuilder 401(k) Decision: Three Key Lessons for Plan Sponsors and ERISA Attorneys
“If we desire respect for the law we must first make the law respectful.” Supreme Court Justice Louis Brandies Currently, we have different federal courts handing down various interpretations of ERISA. As a result, in some cases the public’s guaranteed … Continue reading
Posted in 401k compliance, 401k investments, 404c, 404c compliance, Active Management Value Ratio, AMVR, cost consciousness, cost efficient, cost-efficiency, ERISA, ERISA litigation, evidence based investing, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, pension plans, prudence, retirement plans
Tagged 401k, 401k compliance, 404c, 404c compliance, Active Management Value Ratio, AMVR, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, pension plans, prudence, retirement plans
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The Prudent Investment Fiduciary Rules 
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