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- The DOL’s Pizarro v. Home Depot Amicus Brief: Borzi and Gomez Don’t Live Here @ EBSA Anymore
- DOL’s Betrayal of American Workers Sends a Clear Message to American Workers: We Really Don’t Give a Damn About You!
- 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
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Liability vs. In-Plan Annuities
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Responsibility vs. In-Plan Annuities
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Tag Archives: fiduciary responsibility
Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Liability vs. In-Plan Annuities
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” – John Adams [C]onsistent with fiduciaries’ obligations to choose economically superior investments….[P]lan fiduciaries … Continue reading
Posted in ERISA, ERISA litigation, fiduciary responsibility, fiduciary prudence, fiduciary duties, fiduciary litigation, 401k, 401k plans, plan sponsor, plan sponsors, fiduciary law, fiduciary liability
Tagged 401k, 404c compliance, ERISA, fiduciary law, Fiduciary prudence, fiduciary responsibility, fiduciary riskmanagement, plan sponsor
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3 Things Prudent Plan Sponsors Must Understand About President’s Trump’s Executive Order and Fiduciary Risk Management
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® President recently released an excutive order requesting that the DOL and other relevant regulatory bodies create guidelines and other measures, including safe harbors, that would allow plans to offer unnecessarily risk investments, … Continue reading
Posted in ERISA litigation, fiduciary liability, ERISA litigation, fiduciary duty, fiduciary liability, Fiduciary litigation, fiduciary prudence
Tagged 401k, defined contribution, ERISA, ERISA litigation, Executive Order, fiduciary liability, Fiduciary litigation, fiduciary loyalty, fiduciary responsibility, finance, investing, personal-finance, retirement, retirement planning
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“And Their Beneficiaries”: Annuities, Commensurate Return, and Fiduciary Liability
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® ERISA Section 404a-1 provides as follows: 2550.404a-1 Investment duties. (a) In general. Sections 404(a)(1)(A) and 404(a)(1)(B) of the Employee Retirement Income Security Act of 1974, as amended (ERISA or the Act) provide, … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plans, 401k risk management, 401klitigation, 404(a), Active Management Value Ratio, AMVR, Annuities, consumer protection, cost-efficiency, defined contribution, DOL, elderly investment fraud, ERISA, ERISA litigation, ERISA, ERISA litigation, fiduciary responsibility, fiduciary prudence, fiduciary duties, fiduciary litigation, 401k, 401k plans, plan sponsor, plan sponsors, fiduciary law, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary standard, Mutual funds, pension plans, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth preservation
Tagged 401k 401k plans, Annuities, ERISA, ERISA litigation, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary responsibility, fiduciary riskmanagement, investing, investor protection, litigation, personal-finance, plansponsor, plansponsors, retirement, retirement planning
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Annuities are the Antithesis of Fiduciary Prudence
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® From a legal perspective, the lifetime income annuities being pitched for 401(k) and other types of retirement raise legitimate issues re potential fiduciary breach concerns. As a result, the question is why … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 401klitigation, 404c, ERISA litigation, fiduciary compliance, fiduciary duty, fiduciary liability, fiduciary prudence, fiduciarylitigation
Tagged 401k, 401k compliance, 401k litigation, 404c compliance, compliance, ERISA, ERISAlitigation, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary litigation, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, retirement plans
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“Sell the Sizzle, Not the Steak”: Annuities, Commensurate Return, and the Fiduciary Duty to Disclose
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Fiduciary Duty to Coduct Independent Investigation and EvaluationThe courts have consistently held that plans have a fiduciary duty to conduct an independent and objective investigation and evaluation of the each investment included … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, Annuities, best interest, compliance, consumer protection, defined contribution, ERISA, ERISA litigation, evidence based investing, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, compliance, fiducairy risk management, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary litigation, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, retirement plans
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In-Plan Annuities and Fiduciary Risk Management: Guaranteed Income vs. Commensurate Return
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® A common question I am receiving is “What are the fiduciary liability issues with in-plan annuities?” A reccent LIMRA study found that plan sponsors are citing a desire to provide retirement income … Continue reading
Posted in 401k, 401k risk management, Annuities, consumer protection, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, pension plans, prudence, risk management
Tagged 401k, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary litigation, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, retirement plans, risk management
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Fiduciary Prudence – Don’t Make the Process Harder Than It Is!
“Don’t make the process harder than it is.” – Jack Welch, former GE CEO When I meet with a prospective client, this is what I always tell them. Then I show them how their current plan is exposing them to … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 404c, 404c compliance, Active Management Value Ratio, AMVR, Annuities, asset allocation, compliance, consumer protection, cost consciousness, cost-efficiency, Cost_Efficiency, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, risk management, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary oversight, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, investment advisers
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A Fiduciary’s Guide to Annuities- “Why Go There?”
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® A [fiduciary] is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is the standard of behavior….1 Consistent … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 404c compliance, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, defined contribution, elder law, elderly investment fraud, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, wealth management
Tagged 401k, Annuities, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, retirement plans
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Fiduciary Risk Management 101: Beware the Retirement Crisis “Okey Doke”
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA I recently received a call from the CEO of a corporation asking if I could meet with him. He said he had recently attended a conference where the major topics of discussion … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, Annuities, consumer protection, cost consciousness, cost efficient, cost-efficiency, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, investments, Mutual funds, pension plans, plan advisers, plan sponsors, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary oversight, fiduciary responsibilities, fiduciary responsibility, fiduciary risk management, fiduciaryliability, fiduciarylitigation, fiduciaryprudence, investment advisers, retirement plans
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Fiduciary InvestSense: Connecting the Regulatory Dots
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® In Tibble v. Edison International,1 SCOTUS noted the reliance of courts on the common law of trusts in resolving fiduciary matters, stating that We have often noted that an ERISA fiduciary’s duty … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, consumer protection, cost consciousness, cost-efficiency, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, 404c compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, retirement plans, Retirement Security Rule
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