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- Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam
- Is the DOL/EBSA Trying to Serve Two Masters? ERISA Section 404(a)’s Independent Investigation and Evaluation Requirements and the DOL/EBSA Proposed Rule on Alternative Investments
- Much Ado About Nothing?: The DOL’s New Alternative Investment Rule vs. the Administrative Procedure Act
- Reasserting ERISA’s Private Enforcement Design: A Rebuttal to EBSA’s “Frivolous Litigation” Narrative
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Tag Archives: artificial intelligence
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
The Prudent Investment Fiduciary Rules 