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A recent survey of insurers highlights the criteria that a number of the nation’s leading fiduciary liability insurers identified as the biggest sources of fiduciary risk—within the control of plan fiduciaries.  Now, arguably, the report—titled “What Drives Fiduciary Liability?”—might have been... READ MORE
A mammoth 401(k) plan has prevailed in an excessive fee suit, as another federal judge found plenty of factual evidence that plan fiduciaries had, in fact, made prudent decisions.  As it turns out, these plaintiffs (Julio C. Alas, Robert J. Bugielski, and Chad S. Simecek[1]) had already had one... READ MORE
While we tend to remember October’s tumbles, it’s September that tends to be the problem for U.S. stock markets. What happened to the average 401(k) this time? Sure enough, despite a long stretch of gains for the stock market this year, September turned out to be a bit of a downer; the S&P 500... READ MORE
Each generation experiences life through the prism of its own experiences—creating a unique frame of reference that can itself be a language barrier in communication.  Indeed, I have for years enjoyed checking out what was once called the Beloit College Mindset List (a couple of years back... READ MORE
It’s often said that “if it bleeds, it leads”—and, according to a new report, it may also mislead. The study—by folks at the Center for Retirement Research at Boston College—looked at coverage of Social Security’s finances, noting that while the 2020 Trustees Report projects that the Social... READ MORE
An excessive fee suit that made a series of allegations common to this genre—one of several targeting the Fidelity Freedom Funds—has been dismissed with prejudice by a federal judge. Here the plaintiff (former participant Yosaun Smith) alleged roughly a year ago that the committee overseeing... READ MORE
I was recently taken to task for my recent column about retirement savings regrets. More precisely, my column about the regrets expressed in a recent American Century survey drew the attention of Faith Teope in a LinkedIn post titled, “Dear Finance Experts: We Would Listen, But We Don't Care.” In... READ MORE
Noting that “converting subpar allegations into settlements has proven a lucrative endeavor—mostly for the lawyers bringing these lawsuits,” the U.S. Chamber of Commerce has weighed in on the surge in retirement plan fee litigation. That was just one of the ways the Chamber (and its legal counsel... READ MORE
The fiduciaries of another billion-dollar 401(k) plan have found themselves in the cross-hairs of an excessive fee suit—and the fees for the managed accounts have been called out for special scrutiny.  Claiming that he (and other participants of the plan “suffered ongoing financial harm as a... READ MORE
A new survey once again highlighted a consistent regret among American workers.  According to the survey by American Century Investments, they wish they had saved more for retirement. Now, only about a third shared that regret—but it was more than twice the number that had regrets about career,... READ MORE
My wife and I recently celebrated our wedding anniversary—it was a “big” one, one of those that almost takes your breath away thinking about how rich your life together has been. If someone had asked on my wedding day if I thought I’d still be alive and married this many years hence, I’m sure that... READ MORE
The plan is smaller than most targeted with such allegations—but the allegations are familiar. The eight plaintiffs here (Coppel, Flores, Garcia, Martinez, Mitchell, Ortega, Uriostegui and Usselman—participants in or beneficiaries of the $310 million SeaWorld Parks and Entertainment 401(K) Plan,... READ MORE
Can a 401(k) account be accessed as restitution for embezzlement from the company that sponsors the 401(k)?  In the case at hand (United States v. Frank, 4th Cir., No. 20-6706, 8/10/21) 2007 to 2017, Jon Lawrence Frank embezzled over $19 million from his former employer, NCI Information Systems,... READ MORE
Every plan has participants—and, sooner or later, will therefore have “ex” participants—and sometimes those participants go…missing. And that can be a real problem for retirement plan fiduciaries. While most are likely aware of the fiduciary obligation to keep accurate records, many are less aware... READ MORE
An excessive fee suit that had been dismissed—and wound up triggering a sanction (and fine) against the plaintiffs’ counsel—has once again fallen short in its appeal. The suit—which was dismissed last August—was actually two suits, brought by participants (Obeslo, Hall and Gorrell-Deyerle) in... READ MORE
Despite a concerted effort to press for a win in court—and despite a judge’s observation that he deemed “total victory improbable, and recovery on the scale suggested by Plaintiffs highly improbable”—an excessive fee suit has been settled. This suit—filed way back in 2017—involves allegations by a... READ MORE
A couple of Saturdays back I discovered that one of my online accounts had been “hacked.”  The good news is that I “discovered” this via transaction emails confirming what appeared to be purchases—a half dozen of them… for various, small-ish (though not small) amounts… all about 4:00 a.m. on a... READ MORE
A participant-plaintiff has had her excessive fee/imprudent investment claims dismissed—for an interesting reason. The plaintiff in this case (Lange v. Infinity Healthcare Physicians, SC, W.D. Wis., No. 3:20-cv-00737, 7/16/21) is Amanda Lange, a physician assistant who sued her employer (Wisconsin... READ MORE
(Another) group of participants in (another) multibillion-dollar 401(k) plan have sued plan fiduciaries for their decision to rely on fund options managed by their employer. The plaintiffs in this case are Rita Kohari, John Radolec and Mohani Jaikaran, who, “individually and as representatives of... READ MORE
The consolidation trend in recordkeepers continues—and arguably accelerates—with the latest big industry acquisition. Empower Retirement and Prudential Financial, Inc. have announced they have entered into a definitive agreement for Empower to acquire Prudential’s full-service retirement business... READ MORE

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