Monthly Archives: October 2021

You can still lose by winning

The news comes trickling in for 401(k) plan providers and plan sponsors beating back class action lawsuits. Many plan providers win their case as defendants because the plan participants fail to convince a judge that the provider serves in a … Continue reading

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Stick to what you know

Over the past 11 years as a solo ERISA practitioner, I always get asked if that’s all I do. It’s not some kind of insult, but a question on whether I also do financial advisory work and/or third party administration … Continue reading

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Don’t forget your clients and the fees they pay

I first started paying for my own vehicle when I got my first job as an ERISA attorney, It was a brand new 1998 Toyota Camry. I was looking for car insurance and the best rate was through an insurance … Continue reading

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DOL proposes ESG rule

The Department of Labor (DOL) finally proposed a rule that would allow plan fiduciaries to consider climate change and other environmental, social and governance factors when selecting investments and exercising shareholder rights. The proposal, states “that climate change and other … Continue reading

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Revenue Sharing has been dying for years

Any article that states that revenue sharing has been declining in 401(k) plans is stating the obvious. Like with a dying business or organization, you can see it a mile away. Revenue sharing has been dying since the day that … Continue reading

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ERISA attorneys and the snowball effect

The snowball effect is a term for a process that starts from something that is small and builds upon itself, becoming larger and also perhaps potentially dangerous or disastrous. The idea is that an avalanche can be started by a … Continue reading

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Problems A 401(k) Plan Sponsor May Not Be Aware Of Because They Think Everything is OK

My latest article on JDSupra.com can be found here.

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Get rid of the bad decision makers

I was a Vice President of a synagogue once and the biggest problem I had is that the people who had a greater say than I did were the same people who turned a synagogue from 750 member families to … Continue reading

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The one fund family lineup Is a bad idea

You must know about the shoemakers’ children and how they go barefoot and have no shoes. In the retirement plan industry, we have retirement plan providers and their employees’ retirement plans. I know, I have been there. The third-party administrator … Continue reading

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The meaningless of awards

I work in an industry that has a terrible reputation. Not the retirement plan industry, the legal industry. One of the big parts of the legal industry is where they create awards, sell ads in a magazine or just make … Continue reading

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