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Fiduciary Duties and Responsibilities in Investment Management Expert Witness

William (Bill) Fender

William (Bill) Fender

4643 South Ulster Street
Suite 1040

Denver, Colorado 80237

Phone(303) 694-1900

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Expert Witness
William (Bill) Fender is a principal and senior investment consultant in a SEC registered investment adviser firm that provides investment consulting services on a fee-only basis to over $8 billion of individual, retirement plan and foundation investment portfolios pursuant to the Investment Advisers Act of 1940. He is also responsible for the firm's expert witness services. His expertise and experience focuses on litigation involving fiduciary duties associated with trusts and estates, retirement plans, foundations and financial advisers.

Areas of Expertise


Current as of January 15, 2015

Expert Witness Focus

* Fiduciary duties and responsibilities associated with the management of investment portfolios in trusts and estates, retirement plans, individual investor portfolios and foundations
* Experience includes expert reports, damage calculations and testimony with respect to trustees of private trusts (including bank trust departments), beneficiaries of private trusts, retirement plan participants, retirement plan fiduciaries and individual investors (see Expert Witness Experience - Summarized by Retaining Party" below)

Current Employment

*Currently a Principal, Senior Investment Consultant and Chief Compliance Officer at an SEC registered investment adviser firm that provides investment consulting services on a fee-only basis to more than $8 billion of retirement plan, individual and foundation investment portfolios pursuant to the Investment Advisers Act of 1940 (from 1996 to present) (see "Comprehensive CV" below)

Investment Experience

* More than 31 years of diverse financial services experience
* Ongoing investment consulting relationships with clients that include retirement plans, foundations and high net worth individuals (including trusts and estates)
* Working knowledge of suitability requirements, investment products, investment strategies (including modern portfolio theory), financial markets, investment market history, financial services providers and financial institutions
* Working knowledge of prudent investment practices that meet fiduciary standards and financial services industry standards of care, including Uniform Prudent Investor Act (UPIA), Employee Retirement Income Security Act of 1974 (ERISA), Uniform Prudent Management of Institutional Funds Act (UPMIFA), Investment Advisers Act of 1940 and Office of the Comptroller of the Currency Regulations

Comprehensive CV

Please contact me for a CV that includes detailed information about my investment consulting experience, expert witness experience, expert witness testimony, expert witness reports, professional certifications, fiduciary designations, education, employment history, published articles and presentations

Consulting Practice

All States

More Information

Fiduciary Duties in Investment Management Expert Witness


Certified Public Accountant
Attorney (inactive)
Accredited Investment Fiduciary Analyst™ (2004) / Center for Fiduciary Studies
Registered Fiduciary™ (2010) / Dalbar, Inc.
NASD Series 7, General Securities Registered Representative
NASD Series 63, Uniform State Securities
NASD Series 24, General Securities Registered Principal
(NASD licenses listed above allowed to lapse because no longer affiliated with an NASD member firm)

Legal Experience & Services

Expert Witness Experience - Summary

- 51 engagements including 43 lawsuits, and 8 arbitrations
- 28 expert reports and 9 damage calculations
- 24 testimonies including 15 depositions, 3 trials and 6 arbitrations

Expert Witness Experience - Summarized by Retaining Party

* ERISA retirement plans (11 cases)
* ERISA retirement plan fiduciaries (3 cases)
* ERISA retirement plan participants (2 cases)
* Trust beneficiaries (15 cases)
* Trustees of private trusts (3 cases)
* Individual investors (7 cases)
* Investment advisers (2 cases)
* Bank trust departments (4 cases)
* City pension plans (2 cases)
* Foundation trustees (1 case)
* University (1 case)


* American Institute of Certified Public Accountants
* Colorado Society of Certified Public Accountants (CSCPA)
** CSCPA Personal Financial Planning Committee
** CSCPA Litigation Support Committee


* Juris Doctor, George Washington University Law School, With Honors, 1976
* Master of Business Administration, University of Dayton, 1974
* B.A. in Accounting, Ohio University, Cum Laude, Honors College “With Honors in General Studies,” 1970

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