What is the Best Interest, Anyway?
The devil’s in the details. DOL’s Fiduciary Rule Standard Reg-BI expands on FINRA’s Suitability Standard Best Interest according to a financial lawyer The devil’s in the details. Many of the...Read More
WHY SHOULD YOU BE A 3(21) OR A 3(38) FIDUCIARY?
One of the biggest incentives for plan sponsors to seek a fiduciary to assist with their retirement plan is to share the burden of providing sound advice to all participants...Read More
DOL Rule Fiduciary 2.0: What’s happened and What’s coming?
The fiduciary rule was initially supposed to be implemented on April 10, 2017 with a phasing-in period until January 1, 2018. Meanwhile, after the President Trump took office, he requested the rule to be reviewed. Then the implementation was pushed back to July 2019.
Video: Fulfill Your Fiduciary Duty of Continuous Plan Monitoring
As an ERISA fiduciary, you must continuously monitor your plans. This was affirmed in a major 401k lawsuit, Tibble vs Edison. When defendants in that case argued that they need...Read More
Fidelity is facing more litigation from plan participants
While we’ve been talking about new lawsuits coming out every day, just yesterday InvestmentNews.com reported that Fidelity is facing more litigation from plan participants, this time for the T-Mobile 401(k)...Read More
Emergency – SOS!
On January 15th I wrote an article in which I described that the most likely outcome to fund the government was congress passing a bipartisan resolution while President Trump declares...Read More
Case Study: Here is How a Prudent Process Approach Prevails
Litigation against plan sponsors is nothing new. But in the aftermath of the financial crisis of 2007-2008, the number of excessive fee lawsuits that were brought by participants in 401(k) has increased. Tibble vs. Edison, decided in 2017, was one of the most famous cases in which the plaintiffs claimed that executives of the Edison International Inc.
5 Articles for the Financial Advisor Weekend Reading List: December 15-16, 2018
Here are five suggested articles for financial advisors to read this weekend: 1. Post DOL Fiduciary Rule Regulatory Challenges – The DOL Fiduciary Rule is dead. All we know is that something...Read More
5 Articles for the Financial Advisor Weekend Reading List: December 8-9, 2018
Here are five suggested articles for financial advisors to read this weekend: 1. The Latest In Financial Advisor #FinTech (December 2018) – Welcome to the December 2018 issue of the Latest News in...Read More
How Continuous is Continuous? Reasons Quarterly Review is Not Enough After Tibble vs Edison
As a fiduciary to an ERISA plan a few years ago you could have been forgiven to think that you are not responsible for decisions that were made long before...Read More