By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by,...
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White Paper: SEC Marketing Rule
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found...
White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended...
Disclosure to Welfare Plan Participants: A Fiduciary Duty
View Printable PDF Introduction When ERISA was enacted in 1974, its primary focus was on employee pension plans, which is understandable since its enactment was a response to highly publicized...
Fiduciary Implications Of Flexible Retirement Income Solutions With Fiduciary Checklist and Q&A
View Printable PDF Executive Summary Although comprehensive retirement income solutions may be top of mind, partial solutions used on their own, or in combination with other retirement income...
Tactical Asset Allocation & ERISA Plans: Best Practices for Finding the Right Strategy for Plan Participants
View Printable PDF I. Introduction – Plan Fiduciaries and Tactical Asset Allocation Looking for ways to stabilize returns and manage downside risk, plan sponsor and investment advisor interest in...
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries, Sentinel Benefits & Financial Group, April 29, 2013
Broader “Fiduciary” Definition: Legal Update
Broader “Fiduciary” Definition: Legal Update, byallaccounts, February 2013
A Plan Sponsor’s Fiduciary Calling to Improve the Retirement Readiness of Plan Participants
View Printable PDF Executive Summary Plan sponsors and other fiduciaries have good reason to help plan participants with their retirement readiness. The U.S. Department of Labor’s “404a-5...
What Trustees in Bankruptcy Need to Know About Pension Plans
View Printable PDF On September 18, 2013, PenChecks Trust hosted “What Trustees in Bankruptcy Need to Know About Pension Plans,” an online seminar as part of its 2013 Expert Series. The session...
Through the ERISA Lens: Principles of DC Fund Selection
View Printable PDF Introduction Mutual funds (“Funds”) have become popular investment vehicles for 401(k) plans and other types of retirement plans (collectively, “Plans”) that give participants...
Fee Disclosures Under ERISA Section 408(b)(2)
View Printable PDF Overview Financial advisors serving the 401(k) plan market should be aware of the new fee disclosure requirements under ERISA Section 408(b)(2). The primary requirement is the...
The savings crisis of working Americans: The retirement industry call to action
View Printable PDF America, we have yet another problem… one that has been building for years. Where, exactly, are working Americans going to get enough income to replace 80% to possibly 100% of...
Are Investment Providers Finally Stepping Up to The Plate as Plan Fiduciaries?
View Printable PDF Investment providers have historically resisted characterization as retirement plan fiduciaries even when it was clear that their activities cast them in that role. To this end,...
Fee Transparency and Best Practices for Plan Sponsors
View Printable PDF Executive summary U.S. government officials are calling for greater fee transparency in the 401(k) plan market. As the 401(k) fee disclosure rules continue to evolve through...
Are Your 401(k) Plan Assets Safe?
View Printable PDF The steady drumbeat of bad financial news in 2008 has increased concerns about the security of company 401(k) plans and other retirement savings. Fear caused by bankruptcy or...