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The Truth About the Looming Fiduciary Liability Trap in 401(k) and 403(b) Litigation
The Prudent Investment Fiduciary Rules 
[Opinion] Oct. 19, 2022 "Thus far, the recent decisions dismissing 401(k)/403(b) actions have ignored both the First Circuit's decision and the court's reasoning and excellent analysis of the applicability of the common law of trusts and the Restatement (Third) of Trusts (Restatement). The decisions have ignored SCOTUS' recognition of the Restatement as a resource in settling fiduciary disputes.... The potential economic harm to both plan participants and plan sponsors from the current inconsistent and inequitable trends in 401(k)/403(b) litigation are just too important to continue to be unaddressed and unresolved." |
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