Kevin Clark Kevin Clark

After 40 Years, a Major ERISA Lawsuit Rule Gets Overturned.

For more than four decades, people bringing certain ERISA lawsuits had to clear an extra hurdle before reaching federal court.

That hurdle just disappeared.

On October 13, 2026, the U.S. Court of Appeals for the Eleventh Circuit overturned a longstanding precedent requiring plaintiffs to…

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Kevin Clark Kevin Clark

Pontera’s New Non-Discretionary Move Could Change Held-Away 401(k) Advice (again)

Pontera is changing how advisers may be able to work with clients’ held-away retirement accounts.

The company is building a non-discretionary advice workflow designed for firms that want to advise on a client’s 401(k) without directly implementing the trades themselves.

Why does that matter?

Because not every adviser wants discretionary control, and not every client wants…

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Kevin Clark Kevin Clark

The Ultimate Guide to "Held-Away" 401(k) Advice: Staying Compliant While Growing Your Practice

Let’s be real: few things are more annoying for an advisor than seeing a big chunk of a client’s wealth trapped inside a 401(k) you can’t directly manage. You’re building a financial plan with one hand tied behind your back. You can’t see the fund lineup their employer chose, the stale allocations, or the lack of rebalancing.

And the second you start talking about managing it? Compliance starts sweating.

You’re not crazy. Held-away 401(k) advice really is one of the messiest corners of wealth management . . .

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