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“It can’t happen to me” rings the oft-quoted lament of the denier. Today’s 401(k) plan sponsors flummox financial professionals everyday with their collective unwillingness to recognize the extent of their fiduciary liability. Even when ERISA attorneys present them with blunt reality (see “401(k) Plan Sponsors and the Risk of Fiduciary Liability”), we regularly see the simple mistakes of plan sponsors leading to DOL fines and court settlements.


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