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Tag "fiduciary"

Exclusive Interview: Expert Witness Scott Simon Testifies On Common Trust Law And The ERISA Fiduciary

    Exclusive Interview: Expert Witness Scott Simon Testifies On Common Trust Law And The ERISA Fiduciary

“The ERISA plaintiffs’ bar has overlooked the potential value of the Restatement’s prudent investor rule and its application to litigation involving 401k plans.”

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The Diminishing Returns Of Group Fiduciaries Forewarns Of The Dangers Of Government Retirement Solutions

    The Diminishing Returns Of Group Fiduciaries Forewarns Of The Dangers Of Government Retirement Solutions

This dilemma isn’t new. Trust officers have had to face it for generations. It’s called a “split-interest” trust. Multiply this split interest problem by the number of beneficiaries in a typical retirement plan and you can see how this conflict grows more complex.

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How Stock Pickers Incorporate (Or Don’t) ESG And Stay Within Their Fiduciary Duty To Clients

    How Stock Pickers Incorporate (Or Don’t) ESG And Stay Within Their Fiduciary Duty To Clients

While this might ruffle the feathers of ESG activists, those responsible for the day-to-day work of picking stocks have the real-world experience to fully understand where Buffett is coming from.

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Is ESG Investing A Problem For Fiduciary Duty?

    Is ESG Investing A Problem For Fiduciary Duty?

The Biden Rule, like the Trump Rule, does not encourage or discourage the use of ESG criteria when selecting investments. This allows fiduciaries to either adopt ESG principles or ignore them.

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401k Experts Believe These Are The Most Critical Fiduciary Priorities

    401k Experts Believe These Are The Most Critical Fiduciary Priorities

Not only do you need to watch the place that holds all the money, you need to watch the pipeline that feeds the money there.

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Can Cost Trump Your Fiduciary Duty?

    Can Cost Trump Your Fiduciary Duty?

If a fiduciary feels carrying out legal duties entails a high cost, there is an acceptable strategy for dealing with this, but the fiduciary must execute it before the client signs the contract.

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Have The DOL’s Fiduciary Efforts Made Things Worse?

    Have The DOL’s Fiduciary Efforts Made Things Worse?

Let’s not just blame certification providers. Government agencies responsible for monitoring and enforcement are also responsible for market confusion and the dilution of the “fiduciary” standard.

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401k Plan Sponsor Fiduciary Fears Differ From Retirement Advisers Concerns

    401k Plan Sponsor Fiduciary Fears Differ From Retirement Advisers Concerns

Documentation, due diligence, and other formal compliance matters are critical to reducing the fiduciary liability of 401k plan sponsors. But ultimately, they are responsible for safeguarding the assets of plan participants.

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Will DOL’s New ESG Fiduciary Rule Change How 401k Plan Sponsors Pick Investments?

    Will DOL’s New ESG Fiduciary Rule Change How 401k Plan Sponsors Pick Investments?

Unlike previous definitions, this version takes a definitive step towards allowing plan sponsors to forgo traditional financial measures. Rather than relying on extensive academic studies, this new Rule represents a certain leap of faith.

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Crypto Craze Cracks, Raising Potential 401k Fiduciary Liability?

    Crypto Craze Cracks, Raising Potential 401k Fiduciary Liability?

Even without these extremes, this asset class brings with it a roller coaster experience, something many retirement savers won’t be able to stomach.

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