PLANADVISER - January/February 2021 - 20

regulatory & compliance | litigation
Q
L
uestion
A
of Liability
When the rash of litigation yields scant legal
precedent, what can advisers take away?
itigation in the retirement plan industry has increased in the last decade, with plaintiffs'
firms increasingly recruiting plan participants to make allegations against plan
sponsors and providers. What does this mean for retirement plan advisers?
PLANADVISER Managing Editor Judy Faust Hartnett recently spoke with Alison Douglass,
a litigator and partner at Goodwin Procter LLP in Boston, about her outlook on
current litigation trends. For instance, can adviser clients be sued for offering certain
types of participant advice, and will advisers be increasingly vulnerable to lawsuits as
more take on 3(38) roles?
Douglass represents a wide range of plan sponsors, plan fiduciaries and service providers
in connection with Employee Retirement Income Security Act (ERISA) litigation and prelitigation
counseling concerning employee benefit plans. She also represents clients in
regulatory investigations and government proceedings, including before the Department
of Labor (DOL) and the Securities and Exchange Commission (SEC).
20 | planadviser.com January-February 2021 Art by Kati Lacker
http://www.planadviser.com

PLANADVISER - January/February 2021

Table of Contents for the Digital Edition of PLANADVISER - January/February 2021

Are You Leaving the Door Open?
A Question of Liability
How 3(38) Advising Profits Clients
The Tax Distinction
How to Choose a PEP
Plan Governance
Continuous Education
The Latest Word on ESG
ESG Investing Under ERISA
PLANADVISER - January/February 2021 - Cover1
PLANADVISER - January/February 2021 - Cover2
PLANADVISER - January/February 2021 - 1
PLANADVISER - January/February 2021 - 2
PLANADVISER - January/February 2021 - 3
PLANADVISER - January/February 2021 - 4
PLANADVISER - January/February 2021 - 5
PLANADVISER - January/February 2021 - 6
PLANADVISER - January/February 2021 - 7
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PLANADVISER - January/February 2021 - 10
PLANADVISER - January/February 2021 - 11
PLANADVISER - January/February 2021 - 12
PLANADVISER - January/February 2021 - 13
PLANADVISER - January/February 2021 - Are You Leaving the Door Open?
PLANADVISER - January/February 2021 - 15
PLANADVISER - January/February 2021 - 16
PLANADVISER - January/February 2021 - 17
PLANADVISER - January/February 2021 - 18
PLANADVISER - January/February 2021 - 19
PLANADVISER - January/February 2021 - A Question of Liability
PLANADVISER - January/February 2021 - 21
PLANADVISER - January/February 2021 - 22
PLANADVISER - January/February 2021 - 23
PLANADVISER - January/February 2021 - How 3(38) Advising Profits Clients
PLANADVISER - January/February 2021 - 25
PLANADVISER - January/February 2021 - 26
PLANADVISER - January/February 2021 - 27
PLANADVISER - January/February 2021 - The Tax Distinction
PLANADVISER - January/February 2021 - 29
PLANADVISER - January/February 2021 - How to Choose a PEP
PLANADVISER - January/February 2021 - 31
PLANADVISER - January/February 2021 - Plan Governance
PLANADVISER - January/February 2021 - 33
PLANADVISER - January/February 2021 - 34
PLANADVISER - January/February 2021 - 35
PLANADVISER - January/February 2021 - Continuous Education
PLANADVISER - January/February 2021 - 37
PLANADVISER - January/February 2021 - The Latest Word on ESG
PLANADVISER - January/February 2021 - ESG Investing Under ERISA
PLANADVISER - January/February 2021 - 40
PLANADVISER - January/February 2021 - Cover3
PLANADVISER - January/February 2021 - Cover4
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