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DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

On October 31, 2023, the Department of Labor (“DOL”) issued a much-anticipated proposal to amend its 1975 “investment advice fiduciary” regulation, which defines when a person who provides investment advice for a fee or other...more

DOL Issues Final Rule on Proxy Voting by ERISA Plans

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the “Final Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to clarify plan fiduciaries’ duties with respect to proxy voting and...more

DOL Final Rule Continues to Discourage ESG Investments by ERISA Plans

The U.S. Department of Labor (the “DOL”) recently issued a final regulation (the “Final Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) amending the pre-existing “investment duties” regulation under...more

DOL Reinstates Five-Part-Test for Investment Advice Fiduciaries and Proposes New Exemption

After several years of uncertainty as to the appropriate standard for determining when an investment adviser will be deemed to be a fiduciary under ERISA, the U.S. Department of Labor (the “DOL”) has finally issued clear...more

DOL Proposed Rule Further Discourages ESG Investments by ERISA Plans

The U.S. Department of Labor (“DOL”) recently issued a proposed regulation (the “Proposed Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to reinforce its long-standing position that fiduciaries of...more

ERISA Fiduciaries May Factor Climate Change Issues Into Economic Analysis of Investments

New guidance from the US Department of Labor (“DOL”) clarifies the role of environmental, social and governance issues (referred to as “ESG factors”) in investment decisions by ERISA fiduciaries. ERISA Interpretive Bulletin...more

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