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Recent Posts
- 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
- DOL Advisory Opinion 2025-04A: Don’t Be Stupid!
- ERISA 404(a) vs. NAIC Rule 275 -Wake-Up Call or Ticking Fiduciary Litigation/Liability Time Bomb for Plan Sponsors?
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Tag Archives: finance
Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Responsibility 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 He fell at last a victim of the relentless ruless … Continue reading
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 Returns, 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