The case of the accidental fiduciary: When a signature is more than just a name

By Keith R. McMurdy
September 11, 2014

The issue of fiduciary status is often cumbersome because while a fiduciary can be directly named by a plan, someone can also be deemed to be a fiduciary by virtue of having discretionary authority, or even by exercising some discretionary authority through plan administration. Consider the case of Perez v. Geopharma, a case from the Middle District of Florida brought by the Department of Labor.

 

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