News & Analysis as of

Investment Policy Statements

Proskauer Rose LLP

Special DOL Proxy Voting Rule Set to Take Effect on December 1, 2023 – Potential Action Items for ERISA Fiduciary Investment...

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In late 2022, the U.S. Department of Labor (the “DOL”) issued final regulations (the “Final Rules”) which address the extent to which ERISA fiduciaries may consider environmental, social and governance (“ESG”) factors when...more

Jackson Lewis P.C.

Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed

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A New York district court recently summarily dismissed, with prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of fiduciary duty. Falberg v. Goldman Sachs Grp., Inc., No. 19-cv-9910,...more

Seward & Kissel LLP

Seward Submits Comment Letter on the SEC’s Proposed Amendments to Rule 35d-1 (Names Rule)

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Seward and Kissel submitted a comment letter to the SEC in response to its request for comments on proposed amendments to the Names Rule....more

Cadwalader, Wickersham & Taft LLP

Changes to UK Financial Promotion Rules

On August 1, the UK’s Financial Conduct Authority (“FCA”) published a policy statement on strengthening its financial promotion rules for high-risk investments and firms approving financial promotions (the “policy...more

Foley & Lardner LLP

401(k) Compliance Check #7: Five Administrative Policies Every 401(k) Plan Needs

Foley & Lardner LLP on

To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article discusses some of the policies that are important for...more

ArentFox Schiff

SEC Proposes Rule Updates Intended to Prevent Misleading or Deceptive Fund Names

ArentFox Schiff on

On May 25, the US Securities and Exchange Commission (SEC) proposed amendments to enhance and modernize Section 35(d) of the Investment Company Act, known as the “Names Rule,” to provide protection to investors.[1] In a press...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Saying they’re good, doesn’t make it so

If people pass on enough incorrect information out there, you start to believe it. When I worked at that semi-prestigious law firm (sorry, Lois), we had a litigation partner that everyone told me was excellent. Being a naïve...more

Fisher Phillips

6 Things Employers Need to Know Before Offering Cryptocurrency in 401(k)s

Fisher Phillips on

Cryptocurrencies are currently one of the hottest topics in the world, and for good reason. Bitcoin’s fluctuations over the past year – from $10,000 in July 2020 to $63,000 in April 2021 and now settled to around $41,000 –...more

Verrill

Do you understand your Investment Policy Statement?

Verrill on

The Acme Rocket Sled Company Retirement Plan Administration Committee recently selected a new investment advisor for the company’s 401(k) plan. During the RFP process, the new advisor observed that the Investment Policy...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem of too much paper

First, there was the call for an Investment Policy Statement (IPS). Then advisors were touting the need for an Education Policy Statement (EPS). What next? ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Supermarket settles for $17.5 million in class action case

DeMoulas Super Markets settled for $17.5 million in a class-action lawsuit regarding its profit-sharing plan that didn’t have a 401(k) feature. The problem in the case was that the Super Market invested assets of the plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The threat of plan disqualification

In the movie Casino, Robert Deniro’s character Lefty Rosenthal warns Joe Pesci’s character Nicky Santoro that his actions will get him into the Gaming Control Board’s “Black Book”, which means he would be banned from all...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - November 2019

Great 401(k) Participant Features That Can Land You In Plan Sponsor Hot Water. It can get you in a bad spot. A 401(k) plan is one of the great employee benefits. Within a 401(k) Plan, some options are truly beneficial to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The good old days for advisors are gone

In the good old days of participant-directed 401(k) plans, a good chunk of financial advisors did very little work for the plans that they advised. Many of them sat back, collected their trail or asset-based fee, and maybe...more

Williams Mullen

PODCAST: Importance of Investment Policy Statements

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On this episode of Williams Mullen's Benefits Companion, Brydon DeWitt is joined once again by special guest Beryl Ball, a senior vice president and financial advisor at CAPTRUST. Brydon and Beryl discuss the importance of...more

Williams Mullen

PODCAST: Recruiting and Retention: Can Your 401K Make a Difference?

Williams Mullen on

On this joint edition of Williams Mullen's Benefits Companion and GovCon Perspectives podcasts, Brydon DeWitt is joined by special guest Carl Grund, a financial advisor with Signature Financial Partners in Tysons, Va. Brydon...more

Hogan Lovells

A new era unfolds as China unveils its new negative list approach for foreign investment nationwide

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On 28 June 2018, the National Development and Reform Commission and the Ministry of Commerce released the Foreign Investment Market Access Special Administrative Measures (Negative List) (2018 Version), which will become...more

Burr & Forman

DOL Provides Additional Guidance on Economically Targeted Investments

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On April 23, 2018, the U.S. Department of Labor (the “DOL”) released Field Assistance Bulletin No. 2018-01 (“FAB 2018-01”) which provides guidance regarding (1) the exercise of shareholder rights and written statements of...more

Seyfarth Shaw LLP

Department Of Labor Has More To Say About ESG And Shareholder Rights

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On April 23, 2018, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-01 (“FAB”), which clarifies Interpretive Bulletin 2015-01 (relating to a benefit plan selecting investments to promote social policy...more

Holland & Knight LLP

DOL Issues New Guidance on Plan Fiduciaries' Proxy Voting Policies

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The Employee Benefits Security Administration (EBSA) published Interpretive Bulletin (IB) 2016-1 on Dec. 29, 2016, relating to the exercise of shareholder rights and written statements of investment policy, including proxy...more

McDermott Will & Emery

Three Key Employee Benefit Plan Issues for Health Systems in 2017

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Health system employers should make sure they are familiar with three key employee benefit issues: (1) the new Department of Labor (DOL) fiduciary rule that currently becomes effective April 10, 2017 (but may be delayed in...more

Burr & Forman

DOL Updates Guidance on Proxy Voting by Plan Fiduciaries

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On December 29, 2016, the U.S. Department of Labor (the “DOL”) released Interpretive Bulletin 2016-1 (“IB 2016-1”) relating to the voting of proxies on securities held in employee benefit plans. IB 2016-1 withdraws the...more

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