Tag Archives: fiduciaryriskmanagement

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

Posted in 401k, fiduciary compliance, fiduciary prudence | Tagged , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , , , , , , , , , , | Leave a comment