Advisors who don’t work with 401(k) plans might assume the rules applying to investment selection provide long-settled, clear-cut and easy-to-apply guidance. Consulting on 401(k) plan investments is still a great business for advisors, Treichel emphasized, but it requires a willingness to master an ever-changing set of rules and regulations in order to avoid bad outcomes. “I expect the current Supreme Court is likely to side with Intel and raise the bar for litigation to move forward, but nobody has a crystal ball.” The second, currently under review by the Office of Management and Budget, will apparently address the inclusion of ESG funds in 401(k) plans. “It’s an important issue for advisors to be aware of as they’re working across retirement plans and wealth management.