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Recent Posts
- 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: retirement plans
Secrets to a Successful 401(k) Plan
Over the holidays I was catching-up on my reading. One of the articles I came across involved a debate over which metric was more effective in assessing the success of a defined contribution plan, a plan’s rate of participation or … Continue reading
Seeing Is Believing: Marketing to Plan Sponsors
One of the most common questions I get is from advisor is how to convince plan sponsors that they need to review their plan for potential compliance issues. When I ask plan sponsors what it takes to get their attention, … Continue reading
The Active Management Value Ratio™- Revealing the Undisclosed Cost of Actively Managed Mutual Funds
Despite overwhelming evidence that actively managed mutual funds generally under-perform passively managed index funds, the evidence indicates that most investors continue to purchase and hold actively managed funds. Even when an actively managed fund does outperform its relevant index, the … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA Compliance, securities, securities compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, asset allocation, compliance, fiduciary, fiduciary law, investment advisers, investment analysis tools, modern portfolio theory, portfolio optimization, retirement plans, RIA, RIA compliance, risk management, securities compliance, suitability
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Is ERISA Section 408(b)(2) the New 401(k) Fiduciary’s Achilles’ Heel
On July 1st, the disclosure requirements of ERISA 408(b)(2) go into effect with regard to plan providers and plan sponsors. Disclosure requirements between plan sponsors and plan participants are scheduled to go into effect at the end of August. Plan … Continue reading
Posted in 401k, 401k compliance, 401k investments, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA, RIA Compliance
Tagged 401k, 401k compliance, compliance, ERISA, fiduciary, fiduciary law, investment advisers, retirement plans, RIA compliance, securities compliance
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New Compliance and Liability White Paper
With the new year comes the renewal of the debate over one universal fiduciary standard for those providing investment advice to the public. What many compliance professionals do not realize is that many jurisdictions already impose a fiduciary standard on … Continue reading
Posted in 401k compliance, 404c compliance, compliance, investments, retirement plans, RIA, RIA Compliance, securities compliance
Tagged 401k, 401k compliance, 404c compliance, ERISA, investment advisers, retirement plans, RIA compliance, risk management, securities compliance, suitability
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Don’t Go There!
My clients are familiar with several pet phrases that I use to state my opinion in a short, yet definitive manner. One of those phrases that I find myself using a lot is “don’t go there.” As a compliance consultant … Continue reading
Posted in 401k compliance, 404c compliance, compliance, investments, RIA, RIA Compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance, risk management
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The RIA’s Achilles’ Heel
As an attorney and a compliance consultant, I realize the difference between RIA compliance and RIA risk management. I also realize the importance of both. Unfortunately, I see far too many cases where RIA firms have unnecessary liability risk exposure … Continue reading
Posted in compliance, investments, RIA, RIA Compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance
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Due Diligence Doldrums
Whether you are a registered representative, an investment advisory representative, or both, you have a legal obligation to do your due diligence regarding the suitability of any investments you intend to recommend to your clients. What many brokers and advisory … Continue reading
Posted in compliance, investments, retirement plans, RIA, RIA Compliance, securities
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance
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Investment Advisers and Outsourcing
Outsourcing is definitely one of the hot topics with investment advisers. Most investment advisers I talk to about outsourcing feel that outsourcing asset management and/or compliance responsibilities will allow them to concentrate more on building up their assets under management and, consequently, their fees. … Continue reading
Posted in compliance, investments, retirement plans, RIA, RIA Compliance, securities
Tagged 401k, compliance, retirement plans, RIA, RIA compliance, risk management
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The Little Known Win-Win Fiduciary “Gotcha”
It is well-established that investment advisers are fiduciaries. Fiduciary law is based primarily on principles developed under agency law and trust law. When you mention fiduciary law, most people immediately think of the duty of loyalty, the requirement that a … Continue reading
The Prudent Investment Fiduciary Rules 