William E. Fender, CPA, J.D., MBA, AIFA®



William (Bill) Fender
4643 South Ulster Street, Suite 1040
Denver, CO 80237
303-694-1900, ext. 303

Expert Witness Services

(Updated 3/9/2017)

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

  • Principal and Senior Investment Consultant in an SEC registered investment adviser firm that provides investment consulting services on a fee-only basis to over $16 billion of individual, retirement plan and foundation investment portfolios pursuant to the Investment Advisers Act of 1940 (1996 to present) (see “Comprehensive CV” below)

Professional Certifications and Credentials

  • Certified Public Accountant (CPA)
  • Attorney (inactive) / Juris Doctor
  • Master of Business Administration (MBA)
  • Chief Compliance Officer for SEC Registered Investment Adviser
  • Accredited Investment Fiduciary Analyst™ (2004) / Center for Fiduciary Studies
  • Registered Fiduciary™ (2010) / Dalbar, Inc.

Investment Experience

  • Over 33 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

Expert Witness Experience – Summary

  • 59 engagements including 49 lawsuits and 10 arbitrations
  • 28 testimonies including 17 depositions, 5 trials and 6 arbitrations
  • 35 expert reports and 14 damage calculations

Expert Witness Experience – Summarized By Retaining Party

  • Trust beneficiaries (14 cases)
  • Trustees of private trusts (3 cases)
  • Trust beneficiaries - bank trusteed trusts (5 cases)
  • Bank trust departments (4 cases)
  • ERISA plans (11 cases)
  • ERISA plan fiduciaries (3 cases)
  • ERISA plan participants (2 cases)
  • Individual investors (10 cases)
  • Investment advisers (3 cases)
  • City pension plans (2 cases)
  • Foundation trustees (1 case)
  • University (1 case)

Professional Affiliations

  • American Institute of Certified Public Accountants
  • Colorado Society of Certified Public Accountants
  • Personal Financial Planning Committee
  • 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, 1970

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.

Expert witness services, Expert testimony, Expert reports, Litigation support, Arbitration, Defendant, Plaintiff, Damage analysis, Damage calculations, Uniform Prudent Investor Act (1994), UPIA, Restatement (Third) of Trusts: Prudent Investor Rule, Restatement (Third) of Trusts, Restatement (Second) of Trusts, Standard of prudence, Prudent person, Prudent man, Prudent investor, Prudent expert, Prudent investing, Uniform Trust Code, UTC, Uniform Principal and Income Act, Investment Advisers Act of 1940, Investment adviser, Chief Compliance Officer, Registered investment adviser, Investment adviser representative, Suitability, Conflicts of interest, SEC, Employee Retirement Income Security Act of 1974, ERISA, ERISA fiduciary, ERISA co-fiduciary, ERISA §3(21)(A), ERISA §402, ERISA 403, ERISA 404, ERISA 405, Prudent expert, Defined benefit, Pension plans, Defined contribution, 401(k) plans, Profit sharing plans, Directed trustee, Plan documents, Employer stock, Public employee retirement plans, Uniform Prudent Management of Institutional Funds Act, UPMIFA, Foundations, Endowments, Office of the Comptroller of the Currency, OCC, bank trust departments, Reg. 9, Foundation for Fiduciary Studies, Center for Fiduciary Studies, AIFA, Fiduciary duties and responsibilities, Fiduciary duty, Fiduciary standards, Standards of care, Duty of loyalty, Duty of impartiality, Duty of care, skill and caution, Duty of prudence, Prudent process, Delegation, supervise, Supervision, Duty to monitor, Duties at inception, Special skill or expertise, Reviewing compliance, Hindsight, Breach of fiduciary duty, Liability, Co-fiduciary, Co-fiduciaries, Co-fiduciary liability, Conflicts of interest, Prohibited transactions, Discretionary authority, Exercise of discretion, Abuse of discretion, Exculpation, Trusts and estates, Trustees, Trust beneficiary, Trust beneficiaries, Trust administration, Trust accounting, Trust conversions, Total return trusts, Income-only trusts, Trust terms – mandatory, precatory, permissive, Modern Portfolio Theory, Investments mutual funds, Hedge funds, Hedge fund of funds, Alternative investments, Diversification, Asset allocation, Concentrated portfolios, Portfolio strategy, Portfolio management, Risk and return objectives, Money management, Investment management, Mutual funds, Passive investing, Index funds, Indexing, Risk, Risk management, Investment costs, Investment expenses, Due diligence, Investment policy statements, Documentation, FINRA, Financial services, Investment consultants, Broker dealer, Suitability, Sophisticated investor, Unsophisticated, Behavioral finance, Risk tolerance