When 401(k) retirement plan providers are courting you, your instinct when listen- ing to the sales pitch is that the provider is telling you only what they want you to hear. However, a good chunk of the time, they aren’t blowing smoke. Every sales pitch is designed to get you interested in that particular provider, but they may be giving

you advice for a plan that is in stress and a potential for exposing fiduciary liability. So this article is about the truth a prospective plan provider is telling you about fiduciary liability in your role as plan sponsor.