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Due Diligence

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

    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?

    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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Should The American Airlines ESG Fiduciary Case Be Dismissed?

    Should The American Airlines ESG Fiduciary Case Be Dismissed?

On the face of it, American Airlines seemed to follow its documented process. So, what did the company do wrong?

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

    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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The Dirty Secret About Collective Investment Trusts They Don’t Tell You

    The Dirty Secret About Collective Investment Trusts They Don’t Tell You

CITs can only be offered within the confines of a trust relationship. That means the plan itself might be structurally different than one that has an investment menu limited to mutual funds.

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Fiduciary Split Decision: Are Separately Managed Accounts (SMAs) In The Best Interest Of 401k Retirement Savers?

    Fiduciary Split Decision: Are Separately Managed Accounts (SMAs) In The Best Interest Of 401k Retirement Savers?

“They can benefit from something more tailored to their unique circumstances, particularly as they are approaching certain key inflection points in their working lives or key financial decisions they have to make or key life events. Therefore, what we’ve been seeing in the retirement plan industry is this emphasis on retirement plan services.”

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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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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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