Fiduciary litigation did not let up in 2025, and 2026 is seeing even more refined theories targeting 401k plans. Plan sponsors must look beyond procedural checklists to avoid the top governance pitfalls that trigger personal liability and erode participant savings.
Tag "governance"
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.
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.
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.
It is the world we inhabit right now. Your company is good for the world because you say so. And no one can legitimately argue with your feelings.
Deloitte’s annual survey produces two shockers: One explains why annuities aren’t as popular as the press makes them out to be, the other, well…
