"[It] feels like the plaintiffs have moved to a world where every action is judged with the benefit (or burden) of 20/20 hindsight. ERISA has never required that plans go with the cheapest provider or investment or demonstrate that every investment decision bore fruit. Instead, ERISA simply requires that fiduciaries utilize a prudent process. The current world of litigation just seems to have gone off the rails in neglecting this fundamental premise of fiduciary prudence. So where do plan sponsors, service providers and advisors go from here?"

MORE >>