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LaRue Result May Cause Employers to Step Back and Reconsider Self-Direction of 401(k) Funds
Rackemann, Sawyer & Brewster
[Opinion] Feb. 22, 2008
Excerpt: The headline is that retirement plan participants won a big one today. LaRue v. DeWolff, Boberg & Associates, Inc, et al. is easily the most significant ERISA case in years. Was the Supreme Court brilliant? Truthfully, any average person would have known the answer. If a participant in a self-directed 401(k) plan gives investment directions, and if a Plan fiduciary ignores the directions, the fiduciary should be liable for damages to the participant's account.
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