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[Guidance Overview]

2/17/2014: Compliance with DOL Disclosure Regs and Regular Monitoring Can Stop Fee Litigation (PDF) (Alston & Bird, LLP, via Bloomberg BNA)

"[P]laintiffs have argued that even if the overall fee is in line with industry averages, the fiduciaries breached their duty if they did not get a breakdown of the portion of the attributable to each service.... Plaintiffs have also alleged that fiduciaries were asleep at the switch when competitive bids were not periodically obtained and/or fees increased substantially as the value of plan assets rose with no corresponding increase in service.... [T]he key to avoiding fee litigation is likely to be compliance with the DOL's regulations regarding disclosure coupled with a prudent process for evaluating fees."

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