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Recent Posts
- 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
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Responsibility vs. In-Plan Annuities
The Prudent Investment Adviser Rules
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Tag Archives: Retirement Security Rule
Chief Judge of the 5th Circuit Calls Out His Brethren on Decision to Stay the DOL’s Retirement Security Rule
Congress passed ERISA in 1974 as a “comprehensive statute designed to promote the interests of employees and their beneficiaries in employer benefit plans.”1 The past fifty years has seen significant changes in the market and in the number and types … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, Annuities, Conflicts of Interest, consumer protection, DOL, DOL fiduciary standard, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, fiduciary responsibility, fiduciary standard, investment advisers, IRA, IRAs, pension plans, plan advisers, plan sponsors, prohibited transactions, wealth management
Tagged compliance, DOL rule, ERISA, fiduciary, fiduciary law, Fiduciary litigation, Retirement Security Rule
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Deja Vu All Over Again?: Is the Annuity Industry Serving a Second Round of Annuity Misrepresentations Kool-Aid?
Bradley Campbell of Faegre Drinker recently commented on the unusual strength of the language in the Fifth Circuit’s “Memorandum Opinion and Order” staying the DOL’s Retirement Security Rule.1 Given distristrict court Chief Judge Lynn’s earlier well-reasoned analysis and opinion in … Continue reading
Posted in 401k, 401k litigation, 401k plan design, 401k risk management, Annuities, best interest, compliance, Conflicts of Interest, consumer protection, DOL, DOL fiduciary rule, DOL fiduciary standard, ERISA, ERISA litigation, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, fiduciary prudence, investment advisers, investments, IRA, pension plans, plan advisers, plan sponsors, retirement plans, SCOTUS
Tagged Annuities, compliance, Conflicts of Interest, ERISA litigation, fiduciary, fiduciary law, Fiduciary litigation, retirement plans, Retirement Security Rule, wealth management
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Fiduciary InvestSense: Connecting the Regulatory Dots
James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® In Tibble v. Edison International,1 SCOTUS noted the reliance of courts on the common law of trusts in resolving fiduciary matters, stating that We have often noted that an ERISA fiduciary’s duty … Continue reading
Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 403b, Active Management Value Ratio, consumer protection, cost consciousness, cost-efficiency, ERISA, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, investments, Mutual funds, pension plans, plan advisers, plan sponsors, prudence, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 401k fiduciary, 404c compliance, ERISA, fiduciary, fiduciary duty, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary responsibility, fiduciary risk management, fiduciary standard, retirement plans, Retirement Security Rule
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The Prudent Investment Fiduciary Rules 