News & Analysis as of

401k Revenue Sharing

Proskauer - Employee Benefits & Executive...

Wisconsin District Court Rulings Signal Potential New Trend Favoring the Defense of ERISA Fee and Investment Performance Lawsuits

In a striking reversal of approach beginning in the summer of 2022, the District Court for the Eastern District of Wisconsin went from denying, in whole or in part, virtually every motion to dismiss ERISA lawsuits targeting...more

Dorsey & Whitney LLP

Managed Accounts in 401(k) Plans: Their Value and Their Dangers

Dorsey & Whitney LLP on

A “managed account” is a discretionary portfolio management service that makes investment decisions for individual participants within the confines of a 401(k) plan and its fund options. This service is fundamentally...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Nokia sued over 401(k) plan

Nokia of America is one of the latest employers hit with a class-action lawsuit over the fees in its 401(k) plan....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Revenue Sharing has been dying for years

Any article that states that revenue sharing has been declining in 401(k) plans is stating the obvious. Like with a dying business or organization, you can see it a mile away. Revenue sharing has been dying since the day that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - March 2021

The Godfather Rules And Your 401(k) Plan - Two of my favorite movies of all time are The Godfather and The Godfather Part II. I’m even a fan of The Godfather Part III, despite some of the unwarranted criticism. It’s more...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Experience could mean many things

I always talk about how plan sponsors need to work with experienced financial advisors, third party administration (TPA) firms, and ERISA attorneys on their plan needs. Like with reasonable fees, I believe that the term...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Plan settlement shows you what’s wrong

Finding things wrong with a 401(k) plan is very easy when a settlement in. a lawsuit has been reached. BTG International just settled a lawsuit where they are paying $560,000 in a settlement. The complaint stated that the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fidelity settles lawsuit for $28.5 million

Fidelity Investments settled a class-action lawsuit regarding its own 401(k) plan for $28.5 million. The class-action case alleged that Fidelity breached its fiduciary responsibility to plan participants by including its...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The narrowing 401(k) margins

When I was 13, I bought my very first computer, an Apple IIe for $2,000, which would be about $4,760 in 2019 money. This year, I bought an Apple MacBook Pro for about $1,800....more

McDermott Will & Emery

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

McDermott Will & Emery on

The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Is that 401(k) lawsuit streak going to end?

The landscape for the retirement plan business has radically changed since when I first started in 1998. Normal courses of business such as revenue sharing and non-transparency of fees were the order of the day. No one cared...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Sometimes, change is anyone’s guess

An advisor asked me a very interesting question that had me thinking: since a good chunk of what an advisor does is helping a plan sponsor minimize their fiduciary duty, is it a proper plan expense to use assets to pay for...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

No joke: Gucci sued for “expensive” 401(k) plan

When I think of Gucci, I think of a high-priced brand. Coincidentally or not, they are being accused of running a high-priced 401(k) plan. Selling high-priced leather goods is OK, running an expensive 401(k) plan is not....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Revenue sharing costs money

I guess my comments regarding revenue sharing is a bit sarcastic, but I think accurate. While revenue sharing payments from mutual funds to TPA to help defray the costs of administration of a plan sponsor’s plan is legal, it...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - March 2017

How You Can Stand Out From The Crowd As A Retirement Plan Advisor. It would be a detriment to focus only on this stuff. There are lots of financial advisors who claim they handle retirement plans, but there are...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2017

Proskauer Rose LLP on

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL puts out another Fiduciary FAQ

With an April 2017 deadline fast approaching, the Department of Labor (DOL) issues another frequently asked questions (FAQs) concerning the fiduciary rule which is always nice to get their interpretations of the rules with...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ERISA 404(c) lineup are a much bigger headache

When I first started in the business in 1998, daily valued, participant 401(k) plans were starting to become a big deal because the technology caught up with the idea of plan participants directed investments and that their...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

All points lead to more index funds in 401(k) plans

Thanks to the new Fiduciary Rule, I believe that you’re going to see more index funds in 401(k) plans. However, that’s no surprise because that‘s the way we’ve been heading now for the past 15+ years....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Pointing to a zero revenue sharing world

When I first started in the 401(k) plan business in 1998, it was a boom time for the stock market and mutual funds. That got plan sponsors wanting daily valued participant directed 401(k) plans and that helped put almost an...more

K&L Gates LLP

ERISA Fiduciary Issues for Plan Sponsors: What Do 401(k) Plan Fiduciaries Need to Know About Revenue Sharing?

K&L Gates LLP on

Retirement plan revenue sharing has a bad reputation. Numerous lawsuits have been filed during the past year against employers that sponsor 401(k) plans alleging breach of fiduciary duty under the Employee Retirement Income...more

Proskauer Rose LLP

ERISA Litigation Newsletter - July 2016

Proskauer Rose LLP on

Editor's Overview - This month we take a look at the plaintiffs' past successes in fee litigations, and the influx of such lawsuits seeking to impose heightened fiduciary standards for 401(k) plans. Regardless of the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Litigation Overkill?

The landscape for the retirement plan business has radically changed since when I first started in 1998. Normal courses of business such as revenue sharing and non-transparency of fees were the order of the day. No one cared...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Revenue Sharing Demolition Night

When I was a kid in the 1970’s, disco was the biggest thing. By 1980, disco was dead thanks to a backlash. People didn’t know it at the time, but disco died the night of July 12, 1979, thanks to the riot during a White Sox...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You Can Always Be A Step Away From Getting Sued

A well-respected registered investment advisor was recently named as a defendant in a class-action lawsuit against a $1 billion 401(k) plan. I’m not going to cite the particulars and I’m not going to opine because a...more

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