Are You Playing Too Much 401(k) Fiduciary Defense?
How To Tell And Why It's Time To Play Offense!
Partner, Chair ERISA Litigation
Jaime Fleckner is a partner in Goodwin’s Financial Industry Practice and Chair of its ERISA Litigation Practice. Mr. Fleckner represents clients in a wide array of complex commercial litigation, with a focus on financial services and products, including investment management. He regularly litigates class and derivative actions under ERISA, the Investment Company Act of 1940, the Securities Exchange Act of 1934, and related federal and state laws. His practice also focuses on regulatory investigations and governmental proceedings and has represented clients before the U.S. Department of Labor, Securities and Exchange Commission, Department of Justice, Pension Benefit Guaranty Corporation and state authorities.
Mr. Fleckner's success in litigating cutting-edge legal issues has been profiled in The American Lawyer, Big Suits. According to Chambers USA: America’s Leading Lawyers for Business where Mr. Fleckner has been selected for inclusion since 2014, Mr. Fleckner is “at the top of his game,” and is “a rare thought leader” on ERISA litigation. Since 2015, he has been recognized as a leading lawyer in the list of Who’s Who Legal: Pensions and Benefits.
Recap, Highlights, and Thoughts
The inspiration for this episode came from a request for proposal in received recently from a company in my day job as a workplace retirement plan consultant After giving it a quick read through, my initial reaction was wow, this company is in a fiduciary defensive shell. Their entire focus was on managing and limiting their fiduciary liability. I guess if you only focus on the lawsuits and fiduciary messaging I an understand their positioning.
S0, that got me thinking, should workplace retirement plan fiduciaries be thinking defensively or offensively when making plan decisions? To bring some perspective to the conversation I was excited to have Jaime Fleckner, a Partner and Chair of the ERISA Litigation Practice at Goodwin Proctor. I won’t steal Jaime’s thunder but I will tell you that if you’re looking for some fresh thoughts on the current retirement plan fiduciary state of affairs he does not disappoint.
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