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- May It Please The Court: THE EBSA’s Legally Unsupported, Unfounded, and Bootstrapped Policies Create a Systemic Threat to Plan Participants and Plan Sponsors Alike and Must Be Rejected
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- DOL/EBSA Field Assistance Bulletin 2026-01 Is Not Entitled to Judicial Deference Under The Loper Bright Decision
- Fatally Flawed: Why DOL Administrative Bulletin 2026-01 Will Not, and Should Not, Withstand Judicial Scrutiny
- Terminal Wealth: The True Fiduciary Prudence Paradigm with Regard to the In-Plan Annuity Scam
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Tag Archives: personal-finance
The Active Management Value Ratio as a Cost-Benefit Framework: Integrating AI into Fiduciary Prudence Analysis
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA®InvestSense, LLC I. Executive SummarySeveral years ago, I created a simple metric, the Active Management Value Ratio™ (AMVR). Since studies have shown that people are more visually oriented than verbally oriented, the AMVR … 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 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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