In Fiduciary Breach Case, Fiduciaries Must Prove That Choices Did Not Cause Loss
The three main elements of a fiduciary breach case are: 1) a breach, 2) a loss, and 3) that the loss was caused by the breach. Unfortunately for breaching fiduciaries, they’re often the ones who…
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Can You Avoid Fiduciary Liability?
In the case of White v. Chevron (N.D. Cal 2016), the plaintiffs alleged breaches of its fiduciary duty for not choosing proper investments for plan funds, by choosing to invest in funds that performed poorly, and cost…
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Why Does Your Plan Need an ERISA Fidelity Bond?
Plans can very easily come under threat. Whether it’s from larceny, forgery, embezzlement, or misappropriation, theft, and fraud are unfortunate facts of plan administration. So how do you protect your plan against those threats of…
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ERISA Advisory Council Recommends New DOL ERISA Bond Guidance
In a November 6, 2018 ERISA Advisory Council report, the Council recommended the Department of Labor (DOL) issue new ERISA fidelity bond guidance after evaluating current DOL regulations and guidance. In the report to Secretary of Labor…
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How Much ERISA Fidelity Bond Coverage Do I Need?
Every person who “handles funds or property” of an employee benefit plan must be covered by an ERISA Fidelity Bond unless they fall under an ERISA Act exemption. But exactly how much fidelity bond coverage…
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