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Uncertainty Surrounds the Precise Scope of Duty to Monitor Plan Investments
Morgan LewisLink to more items from this source
May 28, 2015

"[It] is one thing to require fiduciaries to monitor whether a plan offers a mutual fund at the lowest cost available for that particular fund. It is quite another undertaking, however, to require fiduciaries to monitor the market on an ongoing basis to determine whether some non-identical but comparable fund might be available for an even lower price. Where the duty to monitor falls along this spectrum will doubtless become the subject of future litigation."

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