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- Quantifying Fiduciary Prudence, Part I: Artificial Intelligence as a Fiduciary Risk/Liability Mitigation Tool Under ERISA
- May It Please the Court: Closing Argument On Fiduciary Duty of Disclosure Under ERISA Section 404(a) and Section 78(3) of the Restatement (Third) of Trusts
- Who’s Overseeing the DOL and EBSA? DOL FAB 2026-01’s Fatal Flaw Is Actually a Fiduciary Trap for Unwary Plan Sponsors
- May It Please The Court: THE EBSA’s Legally Unsupported, Unfounded, and Bootstrapped Policies Create a Systemic Threat to Plan Participants and Plan Sponsors Alike and Must Be Rejected
- A Call for Senate Oversight Hearings: The Systemic Risk to Plan Sponsors and Plan Participants Created by the EBSA’s Expansive and Legally Unsupported Extrapolations of ERISA Fiduciary Principles
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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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Tagged 401k, AI, artificial intelligence, ERISA, fiduciary liability, Fiduciary prudence, technology
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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