On Tuesday, April 23, 2024, the U.S. Department of Labor (the “DOL”) released its new final rule (the “Final Rule”) regarding when a person becomes a “fiduciary” by virtue of providing investment advice for purposes of the...more
On Tuesday, October 31, 2023, the U.S. Department of Labor (the "DOL") issued a new proposed rule pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code. If adopted, the proposed rule would...more
11/14/2023
/ Comment Period ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Fiduciary Duty ,
Fiduciary Rule ,
Investment ,
Investment Adviser ,
Investment Management ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Retirement Plan
On November 22, the United States Department of Labor (“DOL”) released its final rule (the “Final Rule”) adopting certain revisions to its investment duties regulation under ERISA at 29 CFR Section 2550.404a-1 (the “Section...more
On July 26, the United States Department of Labor (“DOL”) issued proposed amendments to Prohibited Transaction Class Exemption 84-14, the so-called “QPAM Exemption.” The QPAM Exemption is an important prohibited transaction...more
The U.S. Department of Labor (“DOL”) last month issued Compliance Assistance Release No. 2022-1 - 401(k) Plan Investments in “Cryptocurrencies” (the “Release”) in which it strongly cautions ERISA plan fiduciaries to use...more
4/12/2022
/ 401k ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Management ,
Investment Opportunities ,
Popular ,
Retirement Plan
On October 30, 2020, the U.S. Department of Labor (“DOL”) published its final rule (“Final Rule”) adopting amendments to its longstanding “investment duties” regulation under the Employee Retirement Income Security Act of...more
On February 3, 2017, President Trump signed two executive actions intended to provide a framework for scaling back the Dodd-Frank Act (“Dodd-Frank Act”) and rescinding or revising the Department of Labor’s “fiduciary rule.”...more
2/6/2017
/ Bailout ,
Best Interest Standard ,
CFTC ,
Department of Labor (DOL) ,
Dodd-Frank ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
FDIC ,
FHFA ,
Fiduciary Rule ,
Financial Regulatory Reform ,
Investment Adviser ,
NCUA ,
OCC ,
Regulatory Standards ,
Retirement ,
Securities and Exchange Commission (SEC) ,
Trump Administration
The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more
11/21/2016
/ Administrative Appointments ,
Banking Sector ,
CFTC ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Dodd-Frank ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
Energy Sector ,
FDIC ,
Federal Reserve ,
FERC ,
FHFA ,
Financial Institutions ,
Financial Markets ,
FSOC ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
JOBS Act ,
OCC ,
PHH Corp. v CFPB ,
Popular ,
Presidential Elections ,
Sarbanes-Oxley ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Swaps ,
Trump Administration
On March 28, 2016, the U.S. District Court for the District of Massachusetts held that two private equity funds within Sun Capital were jointly and severally liable under the Employee Retirement Income Security Act of 1974,...more