Daniel Kleinman

Daniel Kleinman

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The 2016 Election and the Future of the Department of Labor Fiduciary Rule

The election of Donald J. Trump to be the 45th president of the United States and Republican control of both congressional houses could have profound impacts on financial services regulation, including the fiduciary...more

11/14/2016 - Compliance Consumer Protection Act Dodd-Frank DOL Donald Trump Fiduciary Rule Financial Services Industry Popular Presidential Elections PTEs

Fiduciary Rule FAQs Challenge Back-End Recruitment Bonuses

Financial services firms with active recruiting programs should consider immediately how the DOL’s FAQs affect their compensation packages with respect to back-end recruitment awards. To help the financial services...more

11/1/2016 - Best Interest Contract Exemptions Broker-Dealer DOL Fiduciary Rule Financial Institutions Financial Services Industry Grandfathering Rules Hiring & Firing Investors Recruitment Policies

DOL Releases First Wave of FAQs on Fiduciary Rule

The guidance is the first of three waves of FAQs. On October 27, the US Department of Labor (DOL) released a long-awaited frequently asked questions (FAQs) document regarding the fiduciary rule, as released on April 8,...more

10/28/2016 - Best Interest Contract Exemptions DOL Fiduciary Duty Financial Services Industry

Final DOL Fiduciary Rule—First Impressions

Final rule includes many changes and clarifications intended to address concerns raised about the proposal, but issues remain. The US Department of Labor (DOL) has released its final regulation “Definition of the Term...more

4/11/2016 - DOL Fiduciary Duty Final Rules Investment Adviser Retirement Plan

DOL Sends Fiduciary Rule to OMB for Review

DOL has indicated that the final rule will be released in the first half of the year. The US Department of Labor (DOL) sent its final Conflict of Interest Rule—Investment Advice (with related exemptions and amendments to...more

1/29/2016 - Broker-Dealer Conflicts of Interest DOL ERISA Fiduciary Duty Final Rules OMB Rulemaking Process

DOL’s Proposal To Expand Fiduciary Definition Would Bring Many Service Providers Into Scope

As we previously reported, the US Department of Labor (DOL) released its reproposed rule “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” on April 14. The initial deadline for comments on the...more

5/20/2015 - Conflicts of Interest DOL ERISA Fiduciary Duty Investment Adviser

Department of Labor Retirement Initiative Fails to Consider Current Regulatory Regime, which Comprehensively Protects Investors,...

We have prepared this white paper to address errant claims made in the Council of Economic Advisers’ (CEA) report, “The Effects of Conflicted Advice on Retirement Savings” (CEA Report), regarding perceived inadequacies in the...more

3/24/2015 - CEA DOL Investors Retirement Plan

DOL Sends Proposed Conflict of Interest Rule to OMB for Review

The White House backs a “fiduciary rule” for IRAs. The U.S. Department of Labor (DOL) has sent its proposed “Conflict of Interest Rule-Investment Advice” to the president’s Office of Management and Budget (OMB) for...more

3/5/2015 - Benefit Plan Sponsors Conflicts of Interest DOL ERISA IRA OMB Proposed Regulation Retirement Plan

DOL Proposes Amendment to Service Provider Fee Disclosure Regulation

Proposal would require certain service providers to furnish a separate disclosure guide. On March 11, the U.S. Department of Labor (DOL) issued a proposed amendment to its 2012 final regulations under section 408(b)(2)...more

3/18/2014 - Disclosure Requirements DOL ERISA Fees

DOL Clarifies Application of ERISA Rules to Cleared Swaps

New guidance defers to the Dodd-Frank/CFTC framework for regulating the swaps clearing process. On February 7, the U.S. Department of Labor (DOL) issued an advisory opinion on the application of the ERISA fiduciary rules...more

2/15/2013 - Benefit Plan Sponsors CFTC Clearing Members Derivatives Clearing Organizations Dodd-Frank DOL ERISA Fiduciary Duty Prohitibed Transactions Security-Based Swaps Swap Clearing Swaps

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