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“The $3 Million Myth: Why Small Plans Still Need Big Fiduciary Thinking”

Let’s clear something up right away: just because your 401(k) plan isn’t in the Fortune 500 doesn’t mean you get the Fortune Free Pass. ERISA doesn’t have a small-plan exemption for being “nice” or “under the radar.” Whether your plan has $3 m...

When $1.8 Million Becomes the Fine Print in the 401(k) Fee-Fight

Here’s a story straight from the trenches of the 401(k) world: the parties in a long-running excessive-fee lawsuit over the $2.6 billion Ferguson Enterprises LLC 401(k) plan have reached a settlement for $1.8 million. What Happened Back in 2022, plan ...

One Shot to Get It Right

In the retirement plan world, there aren’t many do-overs. You don’t get to “try again” afte...

Don’t Be the Smartest Person in the Room—Be the Most Useful

In this business, every conference has that one person who wants everyone to know they’re the sma...

Data Is the New ERISA Section 404

When I started in this business, plan sponsors worried about lost checks. Now, they should be worri...

The Mirage of Simplicity

I’ve been in this business long enough to know that the only thing “simple” about a 401(k) pl...

The Fiduciary Rule Roller Coaster (Again)

Somewhere in Washington, someone at the Department of Labor must have a “Fiduciary Rule” dartbo...

The LinkedIn Sales Pitch That Misses the Point

I love networking on LinkedIn. Some of the best connections I’ve made in this business, people I ...

The Merged Assets Mess: Why Reconciliation and 5500 Accuracy Matter More Than Ever

By Ary Rosenbaum, Esq. Mergers are great when you’re talking about chocolate and peanut butter...

Fiduciary Duties, Board Retreats, and a Lesson from Sunrise Highway

Serving as counsel to a private school board, I had the chance to join their recent retreat, and I ...