Litigation

Will the DOL eventually require plan fiduciaries to be trained on their duties under ERISA? Though some settlement agreements include this as a condition, no one would argue that it's currently... Read More

In a post on the DOL’s blog, EBSA’s Phyllis Borzi boasts that the agency “protected or recovered” more than $1.2 billion in FY 2012 “for workers who participate in private-sector employee benefit... Read More

Have you ever been involved with a plan sponsored by a company that's either merging with or acquiring another? Though most advisors “should not try this at home,” it’s good to understand the issues... Read More

The Department of Labor will re-propose its controversial rule to amend the definition of fiduciary under ERISA within several months, Phyllis Borzi told Advisor One on Dec. 7. Borzi indicated that... Read More

If you thought lawsuits against 401(k) plans were dead, think again. Renowned plaintiff’s attorney Jerome Schlichter won a battle against Ameriprise when a federal judge in St. Paul, MN refused to... Read More

Political changes resulting from the November 6 elections are unlikely to have a major effect on how critical retirement plan policy decisions are made. Most significantly, decisions about... Read More

Almost all advisors who have worked in the DC market for even a few years acknowledge that they are functional fiduciaries, even if their broker dealer or insurance policy does not allow them to be... Read More

By David J. Witz(Editor's Note: This article is reprinted with permission from the Fall 2012 issue of Plan Consultant magazine, published by the American Society of Pension Professionals and... Read More

There are three practical lessons from the March 2012 decision in the case, Tussey v. ABB, as outlined by NAPA Net ERISA Conductor Bob Rafter:1. make Investment Policy Statements as broad as possible... Read More