401(k) Plan Fiduciaries
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“The next big area for litigation is going to be suing 401(k) sponsors.”
The Retirement Plan Bomb for Non-Profits – Mark B Manin; LaRhette Manin Benefits Service Group Washington, DC

“In order to make sure your plan is not the next one under plaintiff’s counsel’s microscope, it is a good idea to review periodically the plan’s fiduciary governance structure and procedures.”
Fiduciary Physical – Steve Saxon; Groom Law Group: Washington

"If plan fiduciaries know or even strongly suspect – that their participants need help, including investment advice, the responsibility for acting is not avoided by not making a decision… From a legal perspective, the greater risk may be to fail to offer investment advice where it is needed…”
The Duty to Get Help – Fred Reish; Reish Luftman McDaniel & Reicher Law firm; Los Angeles

“The duty to act prudently is one of a fiduciary’s central responsibilities under ERISA. It requires expertise in a variety of areas, such as investments. Lacking that expertise, a fiduciary will want to hire someone with that professional knowledge to carry out the investment and other functions.”
Meeting Your Fiduciary Responsibilities US Department of Labor: May 2004

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