A federal district court in Georgia refused to dismiss a 401(k) lawsuit filed against the Columbus Regional Healthcare System, and it cited the Supreme Court's ruling last week in Hughes v. Northwestern University in its decision.
The Supreme Court overturned a lower court's dismissal of the lawsuit against Northwestern, ruling that the lower court had put too much weight on the Northwestern plans’ inclusion of some low-cost options as a sign that the plans' fiduciaries abided by their duties under the Employee Retirement Income Security Act.
The lawsuit filed against the North Carolina-based Columbus Regional Healthcare System also cited breaches of the organization's fiduciary duties to its retirement plan similar to those alleged in the Northwestern case, including offering the retail share classes of mutual funds instead of identical, but lower-cost, institutional shares; selecting and retaining underperforming funds; and overpaying for record-keeping services.
In its decision, the Georgia court “also rejected defendant’s argument that plaintiffs’ claims should be dismissed in part because the plan offered a variety of investment options that participants could select, including lower-cost passive investment options,” according to a blog from the Proskauer law firm. “The district court explained that Hughes rejected this exact argument in holding that a fiduciary’s decisions are not insulated merely by giving participants choice over their investments and that fiduciaries have a continuing duty to monitor plan investments.”
Rajesh Markan earlier this year pleaded guilty to one count of criminal fraud related to his sale of fake investments to 10 clients totaling $2.9 million.
From building trust to steering through emotions and responding to client challenges, new advisors need human skills to shape the future of the advice industry.
"The outcome is correct, but it's disappointing that FINRA had ample opportunity to investigate the merits of clients' allegations in these claims, including the testimony in the three investor arbitrations with hearings," Jeff Erez, a plaintiff's attorney representing a large portion of the Stifel clients, said.
Chair also praised the passage of stablecoin legislation this week.
Maridea Wealth Management's deal in Chicago, Illinois is its first after securing a strategic investment in April.
Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.
Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.
