Plan fiduciaries, such as trustees, plan administrators, administrative and investment committees and company officers and directors are governed by strict and complex ERISA rules and Department of Labor regulations. Trucker Huss assists our clients in carrying out proper corporate and plan governance as well as compliance with the fiduciary requirements for plan investments and administration.

We advise on legal issues related to:

  • Compliance with ERISA fiduciary duties
  • Compliance with ERISA reporting and disclosure requirements
  • Investment of plan assets
  • Selection of investment options for participant-directed plans
  • Prohibited transactions
  • Trust agreements and custodial arrangements
  • Use of plan assets to pay plan expenses
  •  Selection and monitoring of service providers, such as trustees, recordkeepers, investment consultants and investment managers
  • Negotiation and preparation of agreements with service providers
  • Fiduciary audits

Our objectives are to help our clients fulfill their fiduciary responsibilities, serve their employees well and avoid litigation and other claims. As a law firm focusing exclusively on employee benefits, we bring our extensive experience in ERISA compliance and ERISA litigation to every consulting situation.

Our clients in the area of fiduciary consulting include:

  • Employers
  • Plan sponsors
  • Plan trustees, plan administrators, administrative and investment committees
  • Financial institutions such as banks and trust companies
  • Mutual fund companies and other investment providers
  • Investment professionals such as consultants and investment managers

If you'd like to know more

For more information regarding this area of the Firm’s practice, please contact Brad Huss, Ben Spater,  Nick White, Robert Gower or Katuri Kaye.

Related Articles

  • Arbitrability of ERISA Fiduciary Breach Cases

    JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019  This article was first published by the Journal of Pension Benefits: Issues in Administration, Design, Funding, and Compliance, Autumn 2018, Vol. 26, No. 1. Although the viability of arbitration rather than litigation in ERISA fiduciary breach claims remains to be seen, there are several considerations for employers who […]

  • Second Circuit Breathes New Life Into Company Stock Litigation

    JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019   In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]

  • IRS Issues Proposed Regulations Modifying Hardship Distribution Rules

    BRYAN CARD, February, 2019   The new year brings significant changes to hardship distributions under Section 401(k) plans and Section 403(b) plans. Following the passage of the Bipartisan Budget Act (the “Act”) in February 2018, the Internal Revenue Service (IRS) released proposed regulations in November 2018 which provide implementing guidance for the new rules and modifications […]


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