News & Analysis as of

Business Organization Labor & Employment Finance & Banking

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

IRS Retirement Plan Guidance Simplifies Pre-Approved Plans and Provides Roadmap for Individually Design Plan Conversion

by Benesch on

In Revenue Procedure 2017-41, the IRS makes significant changes to the procedures that it will use in reviewing and approving “pre-approved” retirement plans. The revenue procedure applies to almost all types qualified...more

Stuff in a 401(k) Plan That Doesn’t Look Right

by Ary Rosenbaum on

I always say that if things don’t look right even if they are, it will give people the impression that something is wrong. It’s similar to the expression of: “when there’s smoke, there’s fire.” A plan sponsor can’t afford to...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 6

Canadian Bail-in and TLAC Rules: Impact on Structured Notes Offered in the United States - Introduction - In June 2017, the Canadian government released draft regulations relating to “bail-in instruments” issued by...more

E.D. Pennsylvania Dismisses Dodd-Frank Whistleblower Claim After Plaintiff Fails to Qualify as a Whistleblower

On July 6, 2017, the U.S. District Court for the Eastern District of Pennsylvania dismissed a whistleblower claim after determining that the plaintiff did not qualify as a whistleblower under the Dodd-Frank Wall Street Reform...more

Tolling Securities Claims: “In No Event” Means ... What It Says

by Latham & Watkins LLP on

US Supreme Court: Securities Act’s 3-year statute of repose is not subject to equitable tolling, providing greater certainty to underwriters. Key Points: ..Case has significant implications for financial Institutions...more

Creating Content That Will “Click”

by Ary Rosenbaum on

In the old days, newspaper and television advertising were the way that you could get your message across to potential clients and sources for referrals. The only problem is that advertising was and is still cost prohibitive....more

Free Advice For 401(k) Plan Sponsors

by Ary Rosenbaum on

They always say there is no such thing as a free lunch because most of the time, free has strings attached. Even when it comes to retirement plans, that free plan review is usually a sales pitch by a retirement plan provider...more

Pitfalls a 401(k) Sponsor Can Avoid With Plan Providers

by Ary Rosenbaum on

While much of the focus concerning the liability of sponsoring a 401(k) plan is about plan expenses thanks to the many lawsuits filed against plan sponsors. However for most plan sponsors, the greatest liability they actually...more

Attention Retail Investors: The SEC Wants to Hear Your Views on the DOL’s Fiduciary Rule

In connection with the Department of Labor’s (“DOL”) fiduciary rule (the “Fiduciary Rule”), key provisions of which became applicable on June 9, 2017, SEC Chair Jay Clayton issued a public statement seeking retail investors’...more

Good Bets By A 401(k) Plan Sponsor That Will Limit Their Liability

by Ary Rosenbaum on

I’m not much of a betting man because I hate to lose. Some will say that playing the stock market is gambling, but shrewd, informed investment decisions usually do well in the end. Retirement plan sponsors can make bets that...more

TechConnect - Your Law Firm Link to Industry News - June 2017

by Mintz Levin on

Seniority Matters - There is little doubt that activity in the trading of secondary shares of private companies remains robust. Private companies are staying private longer and there seems to be an unlimited demand to buy...more

Compliance With the ERISA Fiduciary Advice Rule for Private Investment Fund Managers and Sponsors and Managed Account Advisers:...

The DOL's "fiduciary advice rule" (the "Rule") will take effect on June 9, 2017. The DOL has published FAQs on the implementation of the Rule applicable to the period between June 9th and December 31st (the "Transition...more

DOL revises guidance regarding exercise of shareholder rights by ERISA fiduciaries

by Thompson Coburn LLP on

At the end of 2016, the U.S. Department of Labor (DOL) issued Interpretive Bulletin 2016-1 which provides updated guidance regarding fiduciary obligations with respect to corporate stock held by employee benefit plans that...more

Structured Thoughts: News for the financial services community, Volume 8, Issue 5

Implementing the DOL Fiduciary Rule - Background - On June 9, 2017, key provisions of the fiduciary rule adopted by the Department of Labor (“DOL”) will become applicable for most broker-dealers, as well as many...more

We Didn’t Start The 401(k) Fire; It’s Always Been Burning

by Ary Rosenbaum on

I live in Long Island, so I think by a local law, I have to be a Billy Joel fan. He’s not up there with Aerosmith, The Eagles, and Fleetwood Mac for me, but he’s up there. I know it’s blasphemy to say it, but I always loved...more

The Final Rule: June 9 is the Launch Date After All

With its announcements of May 22, 2017, starting with an op-ed in The Wall Street Journal, the Department of Labor confirmed that, absent last-minute action in the courts or by Congress, its new “investment advice” fiduciary...more

Rules of the Road: New CFTC Regulations Expand Whistleblower Bounty Program

The Commodity Futures Trading Commission (CFTC), published updated regulations Monday to bring its whistleblower bounty efforts more in line with the SEC’s. The rules were proposed last August and generally provide more...more

Using Your Payroll Provider As Your 401(k) TPA Is A Big Mistake

by Ary Rosenbaum on

Like beating a dead horse, I will again say that it is a bad idea for plan sponsors to hire their payroll provider as their 401(k) third party administrator (TPA)....more

Compliance Lessons for Executive Leadership from The Wells Fargo Investigation Report

by Thomas Fox on

Compliance lessons from truly one of the most damning reports of complete corporate failures around ethics and culture that has recently been seen....more

Simple Advice to Retirement Plan Sponsors

by Ary Rosenbaum on

I don’t know about you, most of the advice I got growing up was usually wrong. Maybe some very unsuccessful people surrounded me when I was younger, but advice can be biased and self-serving at times. The best advice I would...more

Second Circuit: Reclassification of Claim as Equity Interest? Not Unless It Is Duplicative

The Second Circuit affirmed the bankruptcy and district courts’ decisions subordinating claims asserted against the Debtor by holders of restricted stock units. However, while the court agreed with the lower courts that the...more

Small 401(k) Plans Have Bigger Problems Than Larger Plans

by Ary Rosenbaum on

Common sense would make you think that larger 401(k) plans would have the larger problems. Sometimes common sense and reality are mutually exclusive. Thanks to the quirks of the retirement plan business and how it prices...more

ESOPs: A Path to Bank Independence

by Bryan Cave on

Hosts Jonathan Hightower and Rob Klingler are joined on today's episode by Bryan Cave partner Steve Schaffer to discuss the advantages to banks considering implementing an ESOP. Steve describes how ESOPs can not only be used...more

For Retirement Plan Providers, It’s All About Relationships

by Ary Rosenbaum on

The retirement plan business is a relationship driven business. It’s about connecting with other plan providers and more importantly, connecting with plan sponsors. So while you may think what gets you business is a nice...more

The Wrong Reasons For Hiring 401(k) Plan Providers

by Ary Rosenbaum on

Selecting a retirement plan provider can be a lot like dating in the sense that plan sponsors shouldn’t pick providers for the wrong reasons. Nobody knows more about the wrong reasons for dating more than me; we call those...more

806 Results
|
View per page
Page: of 33
Cybersecurity

Follow Business Organization Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.