Tag Archives: 404(a)

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

The fiduciary duty of loyalty, as delineated in Section 78(3) of the Restatement (Third) of Trusts, imposes a stringent standard on fiduciaries, including plan sponsors and investment fiduciaries. The language “knew or should have known” underscores the expectation that fiduciaries … Continue reading

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