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Benefit Plan Sponsors Revenue Sharing

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.

Revenue Sharing is costlier to plan participants

I love when studies on retirement plans state the obvious. According to researchers from Vanderbilt University; the University of Texas at Austin and the National Bureau of Economic Research (NBER); and the Board of...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

Faegre Drinker Biddle & Reath LLP

Best Practices for Plan Sponsors #11

This is the eleventh in a series of articles about Best Practices for Plan Sponsors. To be clear, “best practices” are not the same as legal requirements. Instead, they are about better ways to manage retirement plans. In...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Clearing up my views on producing TPAs

A few weeks back, I published a blog post on some third-party administrators (TPAs) are not really in the administration business but are in the business of selling insurance and assets. So I used some examples from my past...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.

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

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.

Advisors Advantage - February 2016

Avoiding The “Bumps” Of Being A Retirement Plan Provider - I’m a big fan of business history and every successful company that has ever been founded has had a few bumps along the way. For example, Apple almost went out...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - November 2015

Empathy and Communication by a Retirement Plan Provider Goes A Long Way. It goes way far. They say that game theory is the study of strategic decision making. It is "the study of mathematical models of conflict and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Avoid the next big thing in 401(k) Litigation

ERISA litigators need to eat and once they exhausted much of the fee litigation prior to the implementation of fee disclosure, they needed something else to sink their teeth in. Then we got cases regarding using the wrong...more

Jackson Walker

Reasonable Fee Issues for Fiduciaries on the Horizon

Jackson Walker on

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - August 2014

Dealing with adversity. It's about how you deal with it. I'm a huge Aerosmith fan since high school and it's because the music resonates with me because it reminds me of the experiences that I have gone through...more

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