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Displaying 31 results for: fiduciary breach
ERISA 05.22.2020

Eleventh Circuit Releases Long-Awaited Decision on ERISA Sanctions

The Eleventh Circuit just confirmed their outlook on the Employee Retirement Income Security Act of 1974, or ERISA. The new decision in Williamson v. Travelport, LP 953 F. 3d 1278 (11th Cir. 2020), illuminated the latitude…
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Eleventh Circuit Releases Long-Awaited Decision on ERISA Sanctions
ERISA 04.22.2020

Record Keeper, Plan Sponsor Sued for Fiduciary Breach in 401(k) Account Hack

A suit has been filed, alleging “actions in allowing an unknown individual to prey on and steal hundreds of thousands of dollars form the retirement savings of the Plaintiff.” The case was filed on behalf…
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Record Keeper, Plan Sponsor Sued for Fiduciary Breach in 401(k) Account Hack
ERISA 11.20.2019

Why Buy Fiduciary Liability Insurance?

If your company offers a plethora of benefits to your employees including a pension plan, then you are a fiduciary, as is anyone who handles or verses the plan. However, did you know if a…
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Why Buy Fiduciary Liability Insurance?
ERISA 09.10.2019

TPAs Risk Drowning Without Efficient Technology

The role of the third-party administrator has changed greatly over the last decade. TPAs had to learn to become more efficient and provide more cost reduction than their competition in order to maintain business. Because…
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TPAs Risk Drowning Without Efficient Technology
ERISA 08.27.2019

Plan Fiduciaries Must Follow Plan Documents

This may sound like common sense but it does in fact need to be noted: according to IRS rules, a plan must operate according to its own plan document’s terms in order to maintain its…
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Plan Fiduciaries Must Follow Plan Documents
ERISA 08.23.2019

Legal and Approved Investments May Still Result in Fiduciary Liability

Plan funds and assets don’t have to be invested in an illegal manner in order for an investment to count as imprudent and a breach of a plan sponsor’s fiduciary duty to plan participants. Even…
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Legal and Approved Investments May Still Result in Fiduciary Liability
ERISA 08.23.2019

Hidden Fees Can Make Plan Investments Imprudent

As a fiduciary, you may do everything by the book in choosing what to invest plan assets in. The investment may be safe, provide proper amounts of returns and not be overly risky. But there’s…
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Hidden Fees Can Make Plan Investments Imprudent
ERISA 08.23.2019

Excessive Fee Suits Against Plan Fiduciaries Becoming More Popular

An increasing number of 401(k) sponsors and providers of retirement products are seeing lawsuits against them alleging, among other things, excessive plan fees in violation of ERISA and therefore, a breach of the plan fiduciary’s fiduciary duty….
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Excessive Fee Suits Against Plan Fiduciaries Becoming More Popular
ERISA 08.21.2019

The Fiduciary Duty to Only Pay Reasonable Fees from ERISA Plan Assets

Plan sponsors may not realize this, but one of their numerous fiduciary duties is that they have a fiduciary duty to only pay reasonable and necessary fees from plan assets. The reason for this is that while…
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The Fiduciary Duty to Only Pay Reasonable Fees from ERISA Plan Assets