401k 3(38) delegation sounds like a clean handoff, but what if the liability never really leaves the room?
Professional Members
401k participant understanding is no longer optional. Fiduciaries may do everything right—yet still face risk when participants make uninformed decisions.
Saver’s Match fiduciary risk is arriving faster than the rules meant to govern it. Plans must decide how to respond before the system is fully built.
Private equity is knocking on the 401k door again as a designated investment alternative. Does expanded access mean expanded fiduciary risk?
The 401k fiduciary rule is gone again. The risk is not. In this regulatory limbo, plan sponsors face more exposure, not less.
ERISA meaningful benchmark debate heads to Supreme Court just as private equity pushes deeper into 401k plans. Are committees ready?
Even with DOL support, 401k forfeiture practices are facing a new wave of aggressive litigation. Is your plan exposed?
Recent court rulings suggest ‘methodical management’ may trigger liability. Is your 401k fiduciary compliance a solid defense or illusion?
ERISA litigation enters a new aggressive phase in 2026. Are you falling into the top governance pitfalls plan sponsors must avoid?
Trump Account upgrades could solve recruiting woes via child IRAs—but will they risk new fiduciary liability. Is it worth the wrestle?
