Tag Archives: artificial intelligence

Quantifying Fiduciary Prudence, Part I: Artificial Intelligence as a Fiduciary Risk/Liability Mitigation Tool Under ERISA

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA®InvestSense, LLC May It Please the Court: The question before this Court is not whether artificial intelligence should replace fiduciary judgment. It should not. The question is whether fiduciaries acting under the prudent … Continue reading

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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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