The fiduciary responsibility to review the reasonableness of plan compensation extends to indirect compensation. Failure to do so can result in a non-exempt prohibited transaction.
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ESG investments are a minefield in the current political environment. A new lawsuit filed against American Airlines and its fiduciaries tries to target all ESG investments as imprudent.
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New regulations make ESG investing easier, but can’t close the political divide.
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Several new developments mean that the debate over whether cryptocurrency belongs in retirement plans isn’t going away.
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The pushback against the DOL’s position on cryptocurrency investments intensifies as a lawsuit is filed by ForUsAll to invalidate the DOL guidance. Has the DOL exceeded its statutory authority?
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Cryptocurrency is here to stay. There are many different types of cryptocurrency and cryptocurrency-related investments and they have different risk profiles. Regardless of whether you think cyptocurrency belongs in 401(k) plans, it is in everyone’s interest for the DOL to clarify its new guidance and for there to be an improved process for issuing further guidance. Stakeholders can help the DOL understand more about the market and how it is evolving.
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The decision has implications for both 401(k) and 403(b) plan fiduciaries.
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401(k) fiduciaries need to understand the risks of cryptocurrency investments.
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Part 2 of the series, Carol Buckmann continues to explore if, when and how mandatory arbitration clauses can be used to rein in the significant increase in fiduciary breach class actions.
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Noted ERISA Attorney Carol Buckmann was interviewed by 401k Specialist Magazine on the topic of Fiduciary Outsourcing.
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