How Not to Get Sued: Fred Reish on Fiduciary Risk in 2026

In this special edition of the 401(k) Specialist Podcast—part of our Deep Dive series on “How Not to Get Sued”—Editor-in-Chief Brian Anderson sits down with legendary ERISA attorney Fred Reish to examine how fiduciary risk is evolving in today’s regulatory and litigation environment.Now serving as Director of Fiduciary and ERISA Practice at Prime Capital Retirement, Reish shares insights on the shifting landscape of ERISA litigation, emerging concerns around private assets in 401(k) plans, and the Department of Labor’s evolving posture under the second Trump administration.The conversation also explores artificial intelligence, pooled employer plans, in-plan lifetime income solutions, and what fiduciaries should be watching next for fiduciary risk. For advisors and plan sponsors focused on protecting participants—and protecting themselves—this is essential listening.