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Plan sponsors and fiduciaries are aware of ERISA fiduciary breach litigation—and concerned about it. Class-action lawsuits targeting 401(k) plans are now commonplace, with claims often centered around allegations of fiduciary breaches related to plan investments, fees, and forfeitures.

This presents both a challenge and an opportunity for financial professionals, who are uniquely positioned to help fiduciaries understand these risks and to mitigate them. While fiduciaries are ultimately responsible for managing their plans prudently, financial professionals play a critical role in guiding them through the processes for fiduciary compliance and the evolving retirement plan landscape of costs, investments, and services.

 

The views expressed here are those of Fred Reish. They should not be construed as investment advice or as the views of Hartford Funds or the employees of Hartford Funds. They are based on available information and are subject to change without notice. The information above is intended as general information and is not intended to provide, nor may it be construed as providing, tax, accounting or legal advice. As with all matters of a tax or legal nature, please consult with your tax or legal counsel for advice. This material and/or its contents are current at the time of writing and may not be reproduced or distributed in whole or in part, for any purpose, without the express written consent of Fred Reish.

MFDC093 4308012

About The Author
Fred Reish Headshot
JD, Partner, Faegre Drinker

Fred Reish is an ERISA attorney whose practice focuses on fiduciary responsibility, retirement income, and plan operational issues. He has been recognized as one of the “legends” of the retirement industry by both PLANADVISER magazine and PLANSPONSOR magazine.