Conflicts of Interest

What Plan Sponsors Must Do To Avoid Fiduciary Liability From These 3 Common Fee Blunders

Plan sponsors shouldn’t let these three common fee foibles expose them to unnecessary fiduciary liability.

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Self-Dealing Ban Eliminates Greatest Fiduciary Conflict-of-Interest

The definition of “conflict-of-interest” has become so broadly defined as to render it useless. It’s better to focus on the one conflict-of-interest that, with very limited exceptions, fiduciaries have had to outright ban for centuries. Ironically, in contrast to this precedent, it remains the one conflict-of-interest the DOL expressly permits.

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Fiduciary Standard Quandary: First Avoid “Harm”onization

Be careful what you wish for because sometimes the cure can be worse than the disease.

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What a Fiduciary Should Know: Down and Dirty with “Clean” Shares

It will be important for 401k plan sponsors to get down and dirty when it comes to understanding the fiduciary liability implications of “clean” shares and their equivalent. Furthermore, since the most successful class action suits have involved different share classes of the same fund, you can be sure the introduction of “clean” shares will catch the eyes of your not-so-friendly neighborhood class action attorney.

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What’s the Immediate Impact of the DOL Fiduciary Rule on Current IRA Holders and Future Rollovers?

Just because the new Rule won’t be enforced until January doesn’t mean retirement savers can’t take advantage of it. This does, however, require individuals become self-reliance and look out for their own good. But how is that any different for all other consumer decisions?

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What’s the Immediate Impact of the DOL Fiduciary Rule on 401k Plan Sponsors?

“Hopefully,” says Reese, “this past year gave employers a better understanding of what they need to look out for to act as fiduciaries for their plan participants.”

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5 Specific Examples when “Socially Responsible” Investing Crosses the Line and Breaches One’s Fiduciary Duty

The current environment abounds with many temptations that try to lure the unsuspecting fiduciary. Here are five very relevant examples.

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When Does “Socially Responsible” Investing Violate Fiduciary Duty?

It goes without saying there are risks when one plays politics with other peoples’ money. The depths of the ensuing fiduciary liability will only be tested when the tort bar brings the matter to court. Until then, fiduciaries may wish to proceed with caution.

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