Tag: Fiduciary
Mixed Ruling Filed in NFP–flexPATH ERISA Lawsuit
The complicated ruling offers some support for the defendants’ arguments but allows other claims to proceed to discovery and trial.
All CITs Are Not Created Equal From the Fiduciary Perspective
The burgeoning collective investment trust marketplace is creating new opportunities for retirement plan investors and trust companies alike—as well as new due diligence requirements for fiduciaries.
A Q&A With New CFP Board Chair Kamila Elliott
One of her goals for 2022 is to advance the CFP Board’s Future of Financial Planning program, which aims to...
Birdthistle Takes Helm at SEC Division of Investment Management
SEC Chair Gary Gensler says he looks forward to working closely with William Birdthistle, an at-times harsh critic of the mutual fund industry, to plan and execute a...
Compliance Consult
‘Window’ of Opportunity
Brokerage accounts open up possibilities for service—but also for PTs.
Latest Capozzi Adler ERISA Suit Targets Olin Corp.
The allegations in the new lawsuit are familiar, suggesting the plan fiduciaries permitted the payment of excessive recordkeeping and investment...
The Fiduciary Insurance Market Crunch Matters for Everyone
In a Q&A with PLANADVISER, expert benefits attorney Erin Turley points to a critical emerging challenge for the retirement plan...
KPMG Faces ERISA Lawsuit in New Jersey
The audit and tax advisory firm is accused of permitting the payment of excessive investment and administrative fees within its...
Strong Cybersecurity Policies Must Be a Firm Priority
From reputational damage to the downstream effect of more expensive fiduciary liability insurance, advisory firms have a lot to lose from lax cybersecurity practices.
Expect the SEC To Get Tougher on Advisers, Advocate for Retirement Savers
The change in agency leadership has driven a clear change in focus and a new sense of urgency to act...
Compliance News
Legislative and Judicial Actions
The SEC returns to cybersecurity enforcement pledge; Form 5500 revisions; revenue-sharing disclosure failures result in SEC action; and more.
Compliance Consult
Provider Recommendations
Does relying on certain ‘go-to’ providers have implications under ERISA?
PANC 2021: Investigation Lessons Learned From Experience
One tip is that being in a state of audit-readiness is essential for retirement plan advisers and their plan sponsor clients—both for peace of mind and to make...
Revenue Sharing Disclosure Failures Result in SEC Action
A recent cease-and-desist order filed by the Securities and Exchange Commission underscores the fact that revenue sharing among financial advisers and ‘parties in interest’ is not necessarily an...
SEC Sanctions Offer New Cybersecurity Guideposts
One former SEC enforcement leader says actions against several advisory firms that allegedly had cybersecurity failures make a clear case...
Oshkosh ERISA Challenge Squashed by District Court
Allegations that the company inappropriately favored actively managed funds over passive investment options for its retirement plan have fallen short...
Order Sanctions Fiduciary Who Diverted Millions From Clients
A DOL investigation and legal pursuit that have spanned the better part of two decades have drawn to a close,...
Consumer Protection Motivates Barbara Roper’s Move to SEC
SEC Chair Gary Gensler says her focus as a senior adviser will be on issues relating to retail investor protection, including broker and adviser oversight and examinations.