The inspiration for this episode came from a request for proposal I 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 consider the lawsuits and fiduciary messaging I can understand their positioning. So, 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 join me. He has a pretty impressive background and experience defending retirement plan fiduciaries which you can check out at 401kfridays.com/fleckner. 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.

If you enjoy Jaime's insights as much as I did, please tell a friend, share on social media or leave a review or comment on iTunes or your favorite podcast app. Enjoy!

Guest Bio

Jamie 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. Accordingto 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.

401(k) Fridays Podcast Overview

Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over one hundred prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!