The Complete Worthlessness of The 401(k) Fiduciary Warranty

Ary Rosenbaum

When it comes to selling products and services, marketing is everything. Marketing can help push a product or service into popularity, regardless of whether it’s good or not. Spuds MacKenzie was such great marketing; it made people forget how lousy Bud Light really was. I once drank Meister Brau because Norm from Cheers (George Wendt) was a spokesperson and I never drank it again. Savvy marketing can make something so utterly worthless into something that people want, even if they don’t know if they really need it. The marketing by 401(k) plan providers of something called a Fiduciary Warranty is all marketing, it’s something more than nothing, but not much more Believe me, Wendy’s old pitch woman Clara Peller would have asked these purveyors of 401(k) Fiduciary Warranties “where’s the beef/”, but these warranties are more like baloney. This article is about the worthlessness of 401(k) Fiduciary Warranties and how plan sponsors should avoid relying them as a form of liability protection.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ary Rosenbaum, The Rosenbaum Law Firm P.C. | Attorney Advertising

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Ary Rosenbaum

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