Fidelity Investments wins huge in the 'biggest 401(k) case in decades' -- but bearing battle scars

Institutionalized inefficiencies of a brokerage format will increasingly be successfully challenged in court which establishes the value of an advisor acting in a fiduciary capacity in the consumer’s best interest.

The ABB/Fidelity suit is just the tip of the litigation iceberg in which the brokerage industry will be forced to reconcile its suitability standard in the broker/dealer’s best interest and a fiduciary standard in the consumer’s best interest.

The bitter pill to be swallowed is that of the brokerage industry which has thwarted modernity and innovation in portfolio construction required by statute to serve the best interest of the investing public.

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