liability

Investment Menu Basics for 401k Plan Sponsors Seeking To Reduce Their Fiduciary Liability

If plan sponsors are working with the appropriate plan fiduciary, then an ongoing review of the fund’s performance, fees, and underlying risk should be part of their ongoing process

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The American Airlines ESG Fiduciary Case Exposed The Problem With Mandated Proxy Voting (And More)

Herein lies the potential for a direct conflict of interest. This applies generally to all proxy voting in commingled portfolios.

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Does The American Airlines ESG Fiduciary Case Suggest The End Of Active Management?

Since actively managed funds have lagged index funds, does this case put their continued use in ERISA plans at risk?

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401k Plan Sponsors Must Be Wary Of Fiduciary Liability Associated With Bitcoin ETFs

Plan sponsors need to think about it in these terms: Does it make sense to have a pork-belly ETF on a 401k investment menu? How about orange futures?

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Plan Sponsor Worries About 401k To IRA Direct Transfers

The process of transferring assets is not without its own liabilities. The exact nature of the fiduciary risk depends on the nature of the transfer.

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DOL Approves Citi’s ‘Diverse Asset Program’ for 401ks—What Could Go Wrong?

The DOL seems to use the same metric that it earlier employed in its statement on the Fiduciary Rule. Still, the Advisory Opinion is very precise in what it allows. Citi will have to tread carefully to not cross the line into the realm of fiduciary.

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Ideas From ‘Beyond Fiduciary’ Hint At The Future Of 401k

The antiseptic compliance regime spelled out by the DOL and ERISA has to date defined fiduciary services. Perhaps, if we’re going to consider what is “beyond” that sterile definition, we might want to go back to the future. In a sense, rediscovering where “fiduciary” initially came from might suggest where it is headed.

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What Do You Think Of These Auto-Enrollment/Auto-Escalation Trends?

Overall, nearly 1 in 5 companies still have not adopted auto-enrollment. There are common reasons why companies would not include auto-enrollment in their plans.

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