Category Archives: Retirement Plans

ERISA litigators are always at the cutting edge

While every large 401(k) plan is a target for a class-action lawsuit over costs, I believe the years of litigation and fee disclosure regulations will exhaust the number of class-action lawsuits, as well as courts taking a more negative view … Continue reading

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The future of conferences

With COVID still in full bloom, I’m concerned over the future of national conferences. While NAPA is trying to hold their postponed event from April in September at Universal Studios in Orlando, they have wisely added a virtual feature for … Continue reading

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No one will be happy with the Fiduciary Rule

I used to joke that no matter what I did, I could never make my parents happy. The same can be said with any attempt to change the fiduciary rule. This is going to be the Department of Labor’s (DOL’s) … Continue reading

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At least pretend you care

In terms of customer service, I don’t think there is anyone worse than my home school district. The Oceanside school district has a Board of Education with more members with kids on school district payroll than with members who have … Continue reading

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The Value Of A Good Retirement Plan Auditing Firm

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

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401(k) Plan Sponsors Should Read This Article

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

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Complacency for TPA is deadly

For me, one of the worst things that any business can have is a sense of complacency; I have spent too many years working at places that were just way too complacent in their work, where so much time was … Continue reading

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Why so serious? They might have created the mess

Years ago, I had the worst call with a prospective client in the 22 years I have been an ERISA attorney. This 401(k) plan sponsor was like many prospective clients, poor participation, and paying too much in fees. The plan … Continue reading

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The problem with ESG funds

Over the last 10 years, more and more plan sponsors have opted for environmental and social mutual funds. The problem with these funds is fiduciary concerns since a fiduciary should strive for better performance for their plan.  The Department of … Continue reading

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Fidelity settles lawsuit for $28.5 million

Fidelity Investments settled a class-action lawsuit regarding its own 401(k) plan for $28.5 million. The class-action case alleged that Fidelity breached its fiduciary responsibility to plan participants by including its proprietary products on the fund lineup. Fidelity previously settled another … Continue reading

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