How Not to Get Sued: Lessons from ERISA Expert Witness Eric Dyson

401(k) Specialist Magazine

Eric Dyson, Executive Director of 90 North Consulting and one of the retirement industry’s more active ERISA expert witnesses, joins the 401(k) Specialist Podcast for a practical conversation on how plan sponsors and advisors can reduce fiduciary risk—and be better prepared if the Department of Labor comes calling.

Drawing on his experience testifying in more than a dozen ERISA cases, Dyson shares the most common mistakes he sees in litigation and investigations, why a DOL audit may be a bigger risk than a lawsuit for most plans, and what courts actually expect from fiduciaries. He tackles pressing questions around paying advisors and TPAs with plan assets, properly documenting QDIA selections to secure safe harbor protection, conducting RFPs and benchmarking at “reasonable intervals,” and crafting committee meeting minutes that protect rather than expose.

Dyson also provides clear, actionable steps sponsors can take before their next committee meeting to strengthen governance, document prudence, and stay off the litigation radar, and reduce fiduciary risk.

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