Tag Archives: evidence based investing

The Often Overlooked Fiduciary “Gotcha”: The Fiduciary Duty (and Challenge) of Cost-Consciousness

The vast majority of active managers are unable to produce excess returns that cover their costs.1 I recently posted an article discussing a brilliant complaint that was filed in connection with a new 401(k) excessive fees/breach of fiduciary duties action. … Continue reading

Posted in 401k, 401k compliance, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, Impartial Conduct Standards, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, RIA, RIA Compliance, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , , , ,

Controlling the Controllable: Factoring Investment Costs Into the Prudence/Suitability Equation

Facts do not cease to exist because they are ignored. – Aldous Huxley In an earlier post, I discussed the benefits of controlling the controllable aspects of investing. Investors cannot control the performance of the markets. Investment fiduciaries are not … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, DOL fiduciary standard, elderly investment fraud, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, financial planning, investment advisers, investments, IRAs, pension plans, retirement plans, RIA, robo-advisors, special needs advice, special needs planning | Tagged , , , , , , , , , , , , , , , , , , , , ,

Fiduciary Standard vs. Suitability Standard: The “Gotcha” That Won’t Go Away

There is currently a lot of speculation on how and if the new Trump administration will attempt to undo the DOL’s new fiduciary rule. Opinions range from an attempt to delay the effective date of the new rule to a … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, fiduciary compliance, fiduciary law, fiduciary standard, investment advisers, investments, pension plans, retirement plans, RIA, RIA Compliance, securities, securities compliance, wealth management | Tagged , , , , , , , , , , , , , , , , , , , , , , ,

What Mr. Schlichter Understands…and Plan Sponsors and Investment Fiduciaries Need to Understand As Well

This week attorney Jerome Schlichter, already known for his actions against 401(k)s and plan sponsors for alleged breaches of their fiduciary duties, added a new category of defendants to his practice, 403(b) plans of private colleges and universities. By my … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, DOL fiduciary standard, ERISA, evidence based investing, fiduciary compliance, fiduciary law, investment advisers, investments, pension plans, retirement plans, RIA, RIA Compliance, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , , ,

The Two Minute ERISA Fiduciary Liability Risk Management Challenge

I love fiduciary law. In a world with so many legal uncertainties, indecision and “weasel words,” fiduciary law is demanding and direct. The Restatement (Third) of Trusts, specifically Section 90, the Prudent Investor Rule, sets out the basic fiduciary requirements. … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, ERISA, evidence based investing, fiduciary compliance, fiduciary law, investment advisers, investments, pension plans, retirement plans, RIA, RIA Compliance, securities compliance, wealth management | Tagged , , , , , , , , , , , , , , , , , , ,

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

Posted in investments, RIA, robo-advisors, roboadvisors, wealth management, wealth preservation | Tagged , , , , , , , , ,

“Best Interest,” BICE and Liability Exposure for Plan Sponsors

I recently posted an article in various LinkedIn groups that addressed the need for various parties to address their duties and potential liability under the DOL’s new fiduciary standard. My comment that accompanied the post was Based on my personal … Continue reading

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