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Recent Posts
- Upon Further Review; The 3 X 3 Analysis That Shows Why Prudent Plan Sponsors Will Never Offer Annuities Within Their Plan
- 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
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Tag Archives: pension plans
May It Please the Court: Closing Argument on Palsgraf, Annuities, Commensurate Return and the Future of Fiduciary Litigation
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® May It Please the Court: In the landmark case of Palsgraf v. Long Island R.R.1, Judge Benjamin Cardozo held that “the risk reasonably to be perceived defines the duty to be obeyed.”2 … Continue reading
Fudamental Unfairness: Sixth Circuit Decision Addresses the Premature Dismissal of ERISA Actions
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Does the recent Sixth Circuit decision in Johnson v. Parker-Hannifin Corp.1 (Parker-Hannifin) indicate a posssible 2025 trend in fiduciary litigation in favor of plan participants? Parker-Hannifin revisits the issue of pleading plausibility … Continue reading
Posted in 401k, 401k litigation, 401k plan design, 401k plans, 401k risk management, cost consciousness, 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, fiduciary standard, investments, Mutual funds, pension plans, plan sponsors, prudence, retirement plans, SCOTUS
Tagged 401k, 401k compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investorprotection, law, pension plans, pension-law, pensions, 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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Avoiding the Annuity “Noise”: A Fiduciary Prudence Guide to Annuities
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® Last week I posted the following post online in X (formerly Twitter) and LinkedIn: There is no requirement, legal, moral, or otherwise, that requires plan sponsors to offer annuities or any other … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, defined contribution, DOL, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investment advisers, pension plans, plan advisers, plan sponsors, prudence, retirement plans, risk management
Tagged 401k, 401k compliance, Annuities, compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary responsibility, investment advisers, pension plans, pensions, retirement plans
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The CareerBuilder 401(k) Decision: Three Key Lessons for Plan Sponsors and ERISA Attorneys
“If we desire respect for the law we must first make the law respectful.” Supreme Court Justice Louis Brandies Currently, we have different federal courts handing down various interpretations of ERISA. As a result, in some cases the public’s guaranteed … Continue reading
Posted in 401k compliance, 401k investments, 404c, 404c compliance, Active Management Value Ratio, AMVR, cost consciousness, cost efficient, cost-efficiency, ERISA, ERISA litigation, evidence based investing, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, pension plans, prudence, retirement plans
Tagged 401k, 401k compliance, 404c, 404c compliance, Active Management Value Ratio, AMVR, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, pension plans, prudence, retirement plans
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4Q 2019 AMVR Cost-Efficiency Analysis
I apologize for the delay in posting the 4Q 2019 AMVR Cost-Efficiency Analysis. I have been involved in a legal battle involving my investor advocacy/education blog, “CommonSense InvestSense.” Fortunately, the matter has been resolved and the blog is back online. … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, closet index funds, compliance, consumer protection, cost consciousness, cost-efficiency, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, prudence, retirement plans, RIA, RIA Compliance, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, investment advisers, investment analysis tools, pension plans, prudence, retirement plans, RIA, wealth management, wealth preservation
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“Petition Denied”: Fiduciary Investing After Brotherston
On January 13, 2020, SCOTUS officially denied Putnam Investment, LLC’s petition for writ of certiorari to review the First Circuit Court of Appeals’ decision in Brotherston v. Putnam Investments, LLC. The First Circuit had ruled that plan sponsors have the … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, closet index funds, clsoet index funds, compliance, cost consciousness, cost efficient, cost-efficiency, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, financial planning, investment advisers, investments, pension plans, prudence, retirement plans, risk management, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, financial planning, investment advisers, investment analysis tools, pension plans, wealth management, wealth preservation
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Putnam Files Responsive Brief In Putnam Investments, LLC v. Brotherston
“This perverse and harmful holding has extraordinary consequences for the investment management industry, ERISA litigation, and ERISA plans as a whole.” In its rebuttal brief to the Solicitor General’s amicus brief, Putnam points out the significance of Putnam Investments, LLC … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, Active Management Value Ratio, AMVR, compliance, cost consciousness, cost efficient, cost-efficiency, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, investment advisers, investments, pension plans, prudence, RIA, RIA Compliance, risk management, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c compliance, Active Management Value Ratio, AMVR, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, investment advisers, pension plans, prudence, retirement plans, wealth management
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Putnam Investments, LLC v. Brotherston: The End of “Business as Usual” for 401(k) Plans
Earlier this year I posted an article on this blog, “Putnam Investments, LLC v. Brotherston: Pivotal Point for 401(k)/403(b) Industries?” The article focused on the potential impact of the case regarding both the general operation of 401(k) plans and legal … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interest, closet index funds, compliance, consumer protection, cost consciousness, cost efficient, cost-efficiency, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, prudence, Reg BI, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, Active Management Value Ratio, AMVR, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, investment analysis tools, pension plans, prudence, retirement plans, suitability, wealth management
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3 Cases Every Financial Adviser, Investment Adviser and Plan Sponsor Should Know
Back in my compliance days, I was known for running a tight and tough house. But many of the brokers came to realize that that was my job, and in doing my job I was protecting them as well. As … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, asset allocation, closet index funds, compliance, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, prudence, RIA, RIA Compliance, risk management, securities compliance, wealth management
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, asset allocation, compliance, fiduciary, fiduciary investing, fiduciary law, fiduciary standard, financial planning, investment advisers, investment analysis tools, pension plans, portfolio optimization, prudence, RIA, RIA compliance, RIA risk management, risk management, securities compliance, suitability, wealth management
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