News & Analysis as of

Employee Retirement Income Security Act (ERISA) › Asset Management › Fiduciary Duty

Mintz

Texas Court Rules ESG Lawsuit Against Employer's 401(k) Plan Can Proceed

Mintz on

Recently, a Texas federal court denied the defendants' motion to dismiss in a lawsuit featuring allegations that an employer's 401(k) plan, which allegedly relied on ESG principles when making investments, violated ERISA. ...more

K&L Gates LLP

ESG Investing and Proxy Voting: DOL's New Final Rule

K&L Gates LLP on

Executive Summary: The Department of Labor released a final rule that addresses fiduciary duties when (1) considering ESG factors in selecting investments, and (2) considering whether and how to vote proxies, for plans...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - What Constitutes Plan Assets Under ERISA?

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Zan Gormley, a partner in Williams Mullen’s Litigation Section, who discusses the law and guidance on what constitutes “assets of the...more

K&L Gates LLP

DOL Proposes New Rule on Proxy Voting Duties – Potential Implications for Investment Managers and Other ERISA Fiduciaries

K&L Gates LLP on

On 4 September 2020, the U.S. Department of Labor (DOL) published a new proposed rule on “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights” (the Proposal)....more

Goodwin

DOL Release May Increase ERISA Defined Contribution Plan Interest in Private Equity Investments

Goodwin on

On June 3, 2020, the U.S. Department of Labor issued an information letter concluding that a plan fiduciary would not violate ERISA’s fiduciary duties solely because the fiduciary offers a professionally managed asset...more

Ruder Ware

Carefully Consider Fiduciary Obligations

Ruder Ware on

The sponsorship of a qualified retirement plan can be rewarding but frustrating – there are so many rules. Unfortunately agricultural employers are not given a break when it comes to sponsoring such retirement plans. ...more

Dechert LLP

DOL “Investment Advice” FAQs: Considerations for Investment Advisers, Broker-Dealers and Insurance Companies

Dechert LLP on

The U.S. Department of Labor (DOL) issued in April 2016 the final version of its controversial “investment advice” regulation and various related exemptions (collectively, Final Rules), which are widely expected to have a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Things They Never Tell You as a 401(k) Plan Sponsor

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

When my wife and I bought our house, there were quite a few things that the previous owner forgot to tell us such as the fact they never bothered to pull the pipes from the dental office run by a previous owner 20 years...more

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