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Avoid These Five 401(k) Fiduciary Fumbles

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With Guest
Tom Clark
ERISA Attorney, Partner
The Wagner Law Group

Tom Clark is a partner at The Wagner Law Group, a law firm specializing in ERISA & Employee Benefits. He leads the firm’s St. Louis office. His expertise encompasses all aspects of employee benefits programs, including the design, implementation and compliance of retirement plans, health and welfare plans, and executive and incentive compensation arrangements.  He also has a robust practice assisting covered service providers in meeting their ERISA compliance needs.  Tom’s vast litigation experience complements the firm’s strong and growing ERISA and employment litigation department and has included work on landmark ERISA cases involving complicated ERISA fiduciary duty issues, such as Tibble v. Edison.

Tom has been quoted extensively as an ERISA and employee benefits expert by outlets such as Reuters, the Associated Press, Bloomberg, and Forbes.   He teaches ERISA fiduciary law as an Adjunct Professor at The Washington University in St. Louis School of Law, his alma mater. He is also a co-author of the forthcoming second edition of ERISA: Principles of Employee Benefits Law, the only treatise of its kind that provides an overview of the regulation of employee benefit plans by highlighting the central principles and competing policies of employee benefits law in a compact and accessible format for a broad audience of readers.

Tom earned his JD and LL.M. degrees from Washington University School of Law in St. Louis, MO.  He is a member of the bar in Missouri and Illinois.

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Recap, Highlights, and Thoughts

Maybe I'm a little early with the football analogy, but it seemed to fit. Today, we welcome back Tom Clark, an ERISA Attorney and Partner at The Wagner Law Group as we discuss five 401(k) fiduciary fumbles we see plan sponsors make.  As a return guest who I have gotten to know  pretty well, we have a little fun and share some insight along the way. Whether it is clarifying the importance of fiduciary analysis vs. process, mistakes to avoid when "outsourcing" fiduciary responsibility, or the inevitable fumbles around fees.  Oh, and Tom gives us his feedback from the front lines as to whether the tide has been turning in favor of employers or plaintiffs in ERISA litigation.   


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Thanks for listening!​​

Sincerely Your Host, 

Rick Unser

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