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- The Active Management Value Ratio as a Cost-Benefit Framework: Integrating AI into Fiduciary Prudence Analysis
- Battle of the Best Interests – Whose Are the EBSA and the DOL Supposed to Serve, and Whose Are They Really Serving?
- Guest Article On Supreme Court’s Decision to Hear the Intel Case
- Fair Dinkum: A Critique of the EBSA’s Amicus Brief in Pizarro v. Home Depot
- Upon Further Review; The 3 X 3 Analysis That Shows Why Prudent Plan Sponsors Will Never Offer Annuities Within Their Plan
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Tag Archives: fiduciary risk management
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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An Accident Waiting to Happen: Annuities, Spreads, and Fiduciary Liability
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® [A] fiduciary shall discharge that person’s duties with respect to the plan solely in the interests of the participants and beneficiaries; for the exclusive purpose of providing benefits to participants … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Annuities, compliance, cost consciousness, cost-efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, prudence, retirement plans
Tagged 401k, 401k compliance, 401k fiduciary, 403b, Annuities, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary responsibilities, fiduciary risk management, fiduciaryprudence, retirement plans
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Trust, But Verify: Protecting Against Investment Consultants’ Inherent Conflicts of Interest
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® The courts have consistently recognized the inherent conflict of interest that exists in the investment industry between investment advisers/consult and clients: “In this conflict of interest, the law wisely interposes. It acts … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plans, 401k risk management, 403b, Active Management Value Ratio, cost-efficiency, Cost_Efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, investment advisers, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management
Tagged 401k, 401k compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, litigation
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Reading Between the Marketing Lines: Fiduciary Risk Management in the Face of Complexity and Conflicts-of-Interests
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Simplicity is the new sophistication. – Steve Jobs Complexity is job security. – Rick Ferri I recently conducted a fiduciary prudence audit for a 401(k) plan. During the review of my audit … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, cost consciousness, ERISA, fiduciary, fiduciary compliance, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, pension plans, plan advisers, plan sponsors, retirement plans
Tagged 401k, 401k compliance, 401k risk management, ERISA, ERISA liability, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, fiduciary risk management, plan sponsor, retirement plans
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The Fiduciary Prudence Ratio™: Quantifying Fiduciary Prudence and the Quality of Investment Advice
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Most pension plans use mutual funds as the primary investment options within their plan. The Restatement of Trusts (Restatement) states that fiduciaries should carefully compare the costs and risks associated with a … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, AMVR, cost consciousness, cost-efficiency, defined contribution, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, Mutual funds, pension plans, plan sponsors, prudence
Tagged 401k, 401k litigation, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibilities, fiduciary risk management, fiduciarylitigation, retirement plans
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A Curious Paradox: “Meaningful Benchmarks,” Fiduciary Prudence, and the Active Management Value Ratio
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing has happened.Winston Churchill Some courts continue to attempt to justify premature dismissals of … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interest, closet index funds, compliance, consumer protection, cost consciousness, cost-efficiency, defined contribution, DOL, ERISA, ERISA litigation, evidence based investing, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management, SCOTUS, Supreme Court, trust realtionships, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, compliance, defined contribution, ERISA, fiducairy risk management, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciarylitigation, investment advisers, plansponsors, retirement plans
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The InvestSense Challenge for Plan Sponsors: Key Fiduciary Liability Risk Management Questions
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® I often hear or read plan sponsors and other investment fiduciaries describing how hard their jobs are, how difficult it is to select and monitor their plan’s investment options and avoid fiduciary … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, Annuities, compliance, consumer protection, cost consciousness, cost efficient, 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, financial planning, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, RIA, RIA Compliance, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c compliance, Annuities, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, fiduciary oversight, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciarylitigation, fiduciaryoversight, retirement plans
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3Q 2023 AMVR “Cheat Sheets”: Fiduciary Law Benchmarks That Really Matter
The six funds shown are six of the leading non-index funds that are consistently offered in U.S. domestic defined contribution plans. My development of the Active Management Value Ratio (AMVR) metric was originally based on the work of Nobel laureate … Continue reading
Posted in 401k, 401k compliance, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, AMVR, closet index funds, consumer protection, cost consciousness, cost efficient, 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, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management, SCOTUS, Supreme Court
Tagged 401k, 401k compliance, 401k fiduciary, 401k litigation, 401klitigation, compliance, ERISA, fiducairy risk management, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibilities, fiduciary responsibility, fiduciary risk management, fiduciaryliability, fiduciarylitigation, fiduciaryprudence, fiduciaryriskmanagement, plan sponsor, plan sponsors, retirement plans
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Why Smart Fiduciaries Avoid Annuities: “Humble Arithmetic,” Annuities, and Fiduciary Liability
By James W. Watkins, III, J.D., CFP Board Emeritus™, AWMA® [A] victim to the relentless rules of humble Arithmetic. Remember, O stranger, ‘Arithmetic is the first of the sciences and the mother of safety.’U.S. Supreme Court Justice Louis Brandeis Fiduciary … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, AMVR, Annuities, compliance, consumer protection, cost consciousness, 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, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, Annuities, compliance, consumer protection, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, fiduciary loyalty, fiduciary oversight, Fiduciary prudence, fiduciary responsibilities, fiduciary responsibility, fiduciary risk management, fiduciary standard, fiduciaryliability, fiduciarylitigation, fiduciaryresponsibility, investor protection
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The Prudent Investment Fiduciary Rules 
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