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New Proprietary Funds Case Presents Issues of Standing, Statute of Limitations (PDF)
The Wagner Law Group in 401k Advisor
Jan. 13, 2013
"A financial services company sponsoring a 401(k) plan that includes the sponsor's own mutual funds on the plan's investment menu has an inherent conflict of interest and needs to avoid even the appearance of favoring its own funds.... [Claims] recently made against SunTrust with respect to its selection of eight proprietary mutual funds ... for inclusion on the investment menu of its in-house 401(k) plan ... allege that this resulted in (i) a breach of fiduciary duty and (ii) a prohibited transaction, but SunTrust raised interesting defenses[.]"
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