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Recordkeeper, TPA, Advisor: Who Owns the Mistake When Something Breaks?

When a retirement plan error surfaces, the first reaction is almost always the same: finger-pointing. The sponsor looks to the advisor. The advisor looks to the TPA. The TPA looks to the recordkeeper. And somewhere in the background, everyone is quietly hopin...

Why “Good Service” Doesn’t Matter in ERISA Litigation

Providers often believe that being helpful will protect them if something goes wrong. It feels intuitive: strong relationships, responsive service, and goodwill should count for something. In ERISA litigation, they usually don’t. Courts don’t evalua...

SECURE 2.0 Fatigue Is Real—But Providers Can’t Afford It

There is no denying it: sponsors are tired. SECURE 2.0 arrived in waves, and many employers are ove...

The Provider’s Blind Spot: When Helping Too Much Creates Fiduciary Exposure

Most providers don’t stumble into fiduciary exposure intentionally. They do it by trying to be he...

Why Most Provider “Best Practices” Are Just Litigation Avoidance

The retirement industry loves the phrase best practices. It sounds proactive, responsible, and prof...

The Myth of the Perfect Plan Sponsor

There is no such thing as a perfect plan sponsor. Anyone who tells you otherwise is either selling ...

Your Biggest Competitor Isn’t Another Provider — It’s Indifference

Most plan providers are prepared for competition. They know how to differentiate fee schedules, dem...

The Myth of the “One-Size-Fits-All” Fiduciary Solution

In the retirement industry, one of the most persistent, and convenient, myths is the idea that ther...

Loose Cannons, Lost Clients, and Why Getting Along Still Matters

Years ago, back when I was still at that fakakta law firm, I did what good people are supposed to d...

Don’t Be the Weak Link: Good Administrators Protect Plans — and Themselves

There’s a frontier-town cliché: a chain is only as strong as its weakest link. In the 401(k)/403...