ERISA Litigation and Enforcement: The Role of the Independent Fiduciary and Best Practices for Finan

Susan Mangiero, Managing Director of Fiduciary Leadership, LLC
Thomas Clark, Counsel at The Wagner Law Group
Mitchell Shames, Partner at Harrison Fiduciary Group

April 08, 2015

ERISA litigation and enforcement increasingly involves allegations of conflicts of interest and imprudent decision-making on the part of advisors, consultants, banks and asset managers. In several recent matters, regulators and judges have made it clear that the use of an independent fiduciary would be interpreted as a reflection of procedural prudence and the absence of an independent fiduciary could hasten a decision of fiduciary breach.