A recent decision has found that even unfettered contractual discretion might be trumped by an allegation that the fiduciary is self-dealing or has otherwise acted in bad faith. Contracts governing ...
The Department of Labor’s proposed regulation defining fiduciary investment and insurance advice to private sector retirement plans, participants in those plans, and IRA owners (collectively, ...
Discretion, as opposed to judgment, is usually to be applied where it is expressly left to the functionary to make a determination at any point within a given range. The most obvious way for an ...
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