Basic Members
401k Designated Investment Alternatives Demand Fiduciary Discipline
Private equity inside a daily-valued, participant-directed plan introduces structural tension. Illiquid assets must coexist with participant liquidity expectations. Valuations must be estimated where markets do not exist. And governance must bridge that gap without introducing bias or delay.
401k Fiduciary Rule Limbo Exposes Plan Sponsor Risk
The 401k Fiduciary Rule limbo is here. The regulation is gone. The risk is not. With the formal vacating of the 2024 “Retirement Security Rule” effective April 20, 2026, plan sponsors are once again operating without clear regulatory direction. The expected replacement rule has not yet arrived. Committees are left navigating a familiar but uncomfortable […] Read Full Article
Meaningful Benchmark Fight Reaches Supreme Court as Private Equity Push Expands 401k Risk
Private equity investments raise a second layer of fiduciary difficulty because they are not simply harder to compare. They are also harder to value, harder to redeem, and harder to explain to participants who may assume daily-priced plan options operate under familiar public-market rules.
Forfeiture Lawsuits Raise New Governance Risks for 401k Plan Sponsors
Ongoing forfeiture lawsuits involving major plans are reshaping how courts evaluate fiduciary oversight. Sponsors who rely on routine processes may discover that governance gaps create legal exposure for committees and financial harm for participants.
How Cunningham v. Cornell Exposes the Illusion of 401k Plan Fiduciary Compliance
Cunningham v. Cornell is testing whether traditional 401k fiduciary compliance truly protects plan sponsors. Courts and regulators are probing governance gaps, personal liability, and participant harm more aggressively than ever.
Top Governance Pitfalls Plan Sponsors Must Avoid in 2026 Amid Record ERISA Lawsuits
Fiduciary litigation did not let up in 2025, and 2026 is seeing even more refined theories targeting 401k plans. Plan sponsors must look beyond procedural checklists to avoid the top governance pitfalls that trigger personal liability and erode participant savings.
Could Employer Matching On Trump Accounts Become The Next Fiduciary Recruiting Perk (And Liability)?
With contributions via employer programs not beginning until July 4, 2026 (IRS Notice 2025-68), sponsors who move quickly have a compressed window to design, test, and communicate the benefit. That compression creates both opportunity and risk.
What The $955 Retirement Savings Headline Gets Wrong (And Why Fiduciaries Should Care)
The $955 retirement savings headline sparked national alarm, but fiduciaries must look beyond shock value to understand what the data truly reveals and how to respond.
Community Links
Tags
Disclaimer
The materials at this web site are maintained for the sole purpose of providing general information about fiduciary law, tax accounting and investments and do not under any circumstances constitute legal, accounting or investment advice. You should not act or refrain from acting based on these materials without first obtaining the advice of an appropriate professional. Please carefully read the terms and conditions for using this site. This website contains links to third-party websites. We are not responsible for, and make no representations or endorsements with respect to, third-party websites, or with respect to any information, products or services that may be provided by or through such websites.