Risk Mitigation Starts with Retaining Demonstrated Experts
by David J. Witz AIF®, GFS™ – February 17, 2014 It is widely understood that a plan sponsor that lacks expertise is obligated to seek the advice of qualified experts to assist them in their fiduciary...
View ArticleSettlement Provides Guidance on Fiduciary Governance
Once the parties in complex litigation agree on the terms of a settlement, it is not common for a court to reject the settlement unless there is some profound error or injustice. As the the recent...
View Article$140 Million Settlement: What it Means to Your Retirement Plan Practice
[The following article by David Witz originally appeared on the eMoney Advisor blog and is reposted here with permission] In December 2014, two parties in a high-profile ERISA fiduciary breach case...
View ArticlePlaintiffs Fail to Float Claim Past District Court
The U.S. District Court for the District of Massachusetts in In re Fidelity ERISA Float Litigation, No. 13-10222, 2015 WL 1061497 (D. Mass. March 11, 2015) has determined that float income is not a...
View ArticleAdditional Thoughts on the Latest Tussey v. ABB Decision: Fiduciary Lessons...
As we covered in our last post, the district court’s latest decision in Tussey v. ABB found ABB breached their fiduciary duties but imposed no monetary damages on a procedural technicality. The moral...
View ArticleEducation Isn’t a Best Practice It Is A Requirement
Expect to see more articles on the subject of Fiduciary Education in the months to come e.g., (Investment News) and do not be surprised to see the following Department of Labor (DOL) position on...
View ArticleIs the DOL Fiduciary Rule the End of Solicitor Arrangements? – Part 2
In my last blog, I discussed why the solicitor structure has grown in popularity and why it will continue in the future but without the same benefits enjoyed in the past. In this blog post, I review...
View ArticleFinding Value Under the New DOL Regime
It should be no surprise that everyone in the industry is contemplating what they must do to comply with the New DOL Fiduciary Regulation. Although there are still some hoping the litigation against...
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