Courts applying the “fiduciary” standard have also dealt with distinguishing investment advice from mere marketing and salesmanship.
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According to the U.S. courts, for someone advising an ERISA plan to be held up to the “fiduciary” standard, he or she must have had the ability to implement her advice by controlling the plan’s investment decisions. So reports Bloomberg BNA.
Courts applying the “fiduciary” standard have also dealt with distinguishing investment advice from mere marketing and salesmanship.