Tag Archives: asset allocation

3 Cases Every Financial Adviser, Investment Adviser and Plan Sponsor Should Know

Back in my compliance days, I was known for running a tight and tough house. But many of the brokers came to realize that that was my job, and in doing my job I was protecting them as well. As … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, asset allocation, closet index funds, compliance, fiduciary compliance, fiduciary law, fiduciary liability, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, prudence, RIA, RIA Compliance, risk management, securities compliance, wealth management | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

“Fundamental Unfairness: Defined Contribution Plans and the Courts-Part I”

Facts do not cease to exist because they are ignored – Aldous Huxley Men occasionally stumble across the truth, pick themselves up and quickly move on, as if nothing ever happened. – Sir Winston Churchill I provide fiduciary oversight consulting … Continue reading

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Posted in 401k, 401k investments, 403b, 404c, 404c compliance, cost consciousness, ERISA, ERISA litigation, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, pension plans, prudence, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

2Q 401(k) Top 10 Defined Contribution Funds Forensic Analysis

Each quarter InvestSense, LLC, performs an updated forensic analysis of the top ten non-index funds in the “Pensions & Investments” list of the top 50 mutual funds in U.S. defined contribution plans. InvestSense uses its proprietary metric, the Active Management … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, investment advisers, investments, pension plans, retirement plans, RIA Compliance, securities compliance, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Emerging Asset Allocation “Trap?”

As both a securities/ERISA attorney and a CFP® professional, I realize that I often see things from a different perspective that other in those professions. Some would say that is an advantage, others say it’s a disadvantage. I have definitely … Continue reading

Posted in 401k compliance, 404c compliance, compliance, DOL fiduciary standard, elder law, elderly investment fraud, fiduciary compliance, fiduciary law, fiduciary standard, financial planning, investment advisers, investments, IRAs, pension plans, RIA Compliance, securities, special needs advice, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

2017: Brave New World

2016 will be remembered by most financial advisers as the year of the fiduciary standard, the year everything changed forever. Some would challenge this statement, claiming that the Trump administration will make sure the DOL’s new fiduciary rule is reversed. … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, compliance, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, fiduciary standard, investment advisers, investments, pension plans, retirement plans, RIA, RIA Compliance, securities compliance, Trust marketing, trust realtionships | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

The End of Human Investment Advisors Exaggeration

Only when the tide goes out do you discover who’s been swimming naked. Warren Buffett This weekend I saw yet another story on the predicted end of the human investment advisors and the takeover of the robo-advisors. Whenever I see … Continue reading

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Combining the Active Management Value Ratio 2.0™ and the Active Expense Ratio – A More Meaningful Evaluation of Fiduciary Prudence

“The two variables that do the best job in predicting [a mutual fund’s] performance are expense ratios and turnover.”- Burton Malkiel, “A Random Walk Down Wall Street” Registered investment advisers and their representatives are fiduciaries. The courts have consistently held … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

ERISA, Fiduciary Duty and the Art of Skinnydipping

Only when the tide goes out do you discover who’s been swimming naked. – Warren Buffett As followers of this blog know, I normally post once a month. However, I am making an exception due to the importance of the … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Avoiding ERISA’s #1 Fiduciary Liability “Gotcha”

Facts do not cease to exist because they are ignored. – Aldous Huxley Fiduciary law is a combination of trust and agency law. The basic rule of fiduciary law is that a fiduciary must always put their customer’s/client’s best interests … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Robo-advisors: Much Ado About Nothing?

I just finished reading an article about a recent debate between noted financial advisor Ric Edelman and Adam Nash, CEO of robo-advisor Wealthfront. Interestingly, Edelman suggested that robo-advisors would put many financial advisors out of business. My position is simple. … Continue reading

Posted in 401k, 401k investments, 404c, fiduciary law, investments, pension plans, retirement plans, robo-advisors, roboadvisors, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment