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Recent Posts
- Interpreting the DOL’s Amicus Brief and its Potential Impact on the Future of 401(k) Litigation
- Fiduciary InvestSense™: Annuities, Plan Sponsors, and Fiduciary Law
- The Active Expense Ratio: Fiduciary Risk Management’s “Little Secret”
- Common Sense and Fundamental Fairness: The Matney Case and the Future of 401(k)/403(b) Litigation
- 1Q 2023 AMVR “Cheat Sheets”: How Much Active Management Do Actively Managed Funds Really Provide?
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Tag Archives: suitability
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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“Fair Dealing”-The Key to Navigating the Suitability, Best Interest and Fiduciary Standards
Any intelligent fool can make things bigger and more complex… It takes a touch of genius-and a lot of courage to move in the opposite direction. – Albert Einstein With FINRA’s recent announcement that it will keep its suitability rule and … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c compliance, Active Management Value Ratio, AMVR, best interest, closet index funds, compliance, consumer protection, cost consciousness, cost-efficiency, DOL fiduciary standard, ERISA, fiduciary compliance, fiduciary law, fiduciary liability, fiduciary standard, pension plans, Reg BI, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interests, DOL fiduciary rule, ERISA, fiduciary, fiduciary investing, fiduciary law, fiduciary standard, FINRA, investment analysis tools, pension plans, Reg BI, retirement plans, risk management, suitability, wealth management, wealth preservation
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“Think Different” – The Often Overlooked Key Fiduciary Liability “Gotcha” Question
What is the first thing you consider when selecting investments? There is a familiar saying in the investment industry – “amateur investors focus on investment returns; professional investors focus on investment risk. Studies have shown that three out of four … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, closet index funds, compliance, 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, Reg BI, retirement plans, SEC, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment analysis tools, pension plans, prudence, retirement plans, risk management, securities compliance, suitability, wealth management, wealth preservation
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The “Hidden” Message in Reg BI
Like many others, I was eager to review the final version of the SEC’s Reg BI. As an attorney, I was anxious to see whether “prudence” was still expressly set out in Reg BI’s Care Obligation. As many had predicted, … Continue reading
Posted in 401k, 403b, Active Management Value Ratio, AMVR, best interest, closet index funds, compliance, cost consciousness, cost efficient, cost-efficiency, evidence based investing, fiduciary compliance, Fiduciary prudence, investment advisers, investments, Reg BI, SEC, wealth management, wealth preservation
Tagged Active Management Value Ratio, AMVR, best interests, evidence based investing, investment advisers, Reg BI, risk management, suitability, wealth management
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“Whoa Nelly”*-Reg BI and That Other “F” Word
*Yes, I am old, Yes, I used to love listening to the late Keith Jackson call college football games. I miss his “whoa Nelly” calls. As the debate over the SEC’s proposed Regulation Best Interest (Reg BI) rages on, people … Continue reading
Posted in AMVR, best interest, consumer protection, cost consciousness, cost efficient, cost-efficiency, fiduciary compliance, prudence, Reg BI, SEC, securities, securities compliance
Tagged best interests, evidence based investing, prudence, securities compliance, suitability, wealth management
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2019: The Battle of the “Best Interests” – Part Deux
The Chinese calendar designates each year in terms of an animal. I am not sure what the animal is for 2019. However, for the investment industry, 2019 clearly represents the continuation of the battle of the “best interests” between consumers … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, best interest, cost consciousness, cost efficient, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, prudence, Reg BI, retirement plans, RIA, SEC
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, best interests, compliance, ERISA, fiduciary, fiduciary investing, fiduciary standard, FINRA, pension plans, prudence, Reg BI, retirement plans, suitability
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Why the SEC Will Never Enact a Meaningful Fiduciary Standard
I continue to enjoy reading analyses on the SEC’s BI proposal. These are analyses from industry leaders, people who I greatly admire and respect. When people ask my opinion, I just tell them it is all just a cruel game, that … Continue reading
Posted in closet index funds, consumer protection, cost consciousness, cost efficient, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, prudence, SEC
Tagged compliance, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, SEC, securities compliance, suitability, wealth management, wealth preservation
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2Q 401(k) Top 10 Defined Contribution Funds Forensic Analysis
Each quarter InvestSense, LLC, performs an updated forensic analysis of the top ten non-index funds in the “Pensions & Investments” list of the top 50 mutual funds in U.S. defined contribution plans. InvestSense uses its proprietary metric, the Active Management … Continue reading
Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, retirement plans, RIA Compliance, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, asset allocation, compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment analysis tools, portfolio optimization, prudence, retirement plans, RIA, RIA compliance, RIA risk management, risk management, suitability, wealth management, wealth preservation
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Judge Judy and the SEC’s Best Interest Proposal
The SEC recently announced its “kinda fiduciary”proposal, allegedly to provide investors with protection against abusive marketing strategies used by the investment industry. Interestingly, the SEC choose not to use the term “fiduciary” in announcing its proposal, instead referring to new … Continue reading
Posted in 401k, 401k investments, 403b, 404c, 404c compliance, BICE, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, financial planning, Impartial Conduct Standards, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 403b, 404c, 404c compliance, Active Management Value Ratio, AMVR, best interests, BICE, DOL fiduciary rule, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, Fiduciary prudence, fiduciary standard, investment analysis tools, pension plans, retirement plans, suitability, wealth management, wealth preservation
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