News & Analysis as of

PTEs

Implementation of the DOL Fiduciary Rule, a Cheat Sheet

Implementation Date - The first phase of the DOL’s fiduciary rule is scheduled to be implemented on June 9, 2017. Please see full Cheat Sheet below for more information. ...more

DOL Fiduciary Rule Taking Effect June 9 Is Low-Calorie, But Still Hard for Some to Swallow

by Cozen O'Connor on

Though many in the financial services industry were hoping for a reprieve, anyone who receives compensation for providing investment advice in connection with an ERISA plan or IRA will be considered a fiduciary effective June...more

DOL Fiduciary Rule Will Become Effective June 9, 2017 as Scheduled

by Reed Smith on

The DOL recently dashed all hope of a reprieve on the June 9, 2017 effective date of the DOL Fiduciary Rule and portions of related prohibited transactions, and provided additional guidance to fiduciaries for the transition...more

Fiduciary Rule ? No Further Delays

by K&L Gates LLP on

Three items of key importance with respect to the Department of Labor’s (“DOL”) rule changing the definition of the term “fiduciary” (the “Fiduciary Rule”) happened on May 22, 2017: 1. Secretary of Labor Alexander Acosta...more

No Delay of DOL Fiduciary Rule’s June 9 Applicability Date; Additional Guidance Issued

by McGuireWoods LLP on

Earlier this week, Secretary of Labor Alexander Acosta indicated in a Wall Street Journal op-ed article that there will be no further delay as to the parts of the fiduciary rule issued by the Department of Labor (DOL) that...more

Trying to Hit a Moving Target — Practical Advice for Mitigating Litigation Risk under the DOL Fiduciary Rule

by Reed Smith on

Over the past year, the Department of Labor’s new Fiduciary Rule and Prohibited Transaction Exemptions have been the subject of tremendous activity and media coverage. With the Trump administration, the future of the Rule has...more

U.S. Department of Labor Defers Implementation of the Investor Fiduciary Rule to June 2017

by Hinshaw & Culbertson LLP on

On April 4, 2017 the U.S. Department of Labor issued an order effective April 9, 2017, stating that implementation of the so-called investor Fiduciary Rule applicable to Individual Retirement Accounts will be delayed until...more

DOL Fiduciary Rule—Slowed Down, but Not Out

by Morgan Lewis on

The rule is delayed by 60 days, with core elements taking effect June 9 as the DOL conducts a study. The Department of Labor (DOL) has issued in final form its eagerly awaited delay of changes to the fiduciary investment...more

DOL Finalizes 60-Day Delay of Fiduciary Rule Applicability

by McGuireWoods LLP on

On April 7, the Department of Labor (DOL) formally adopted its previously proposed 60-day delay of the applicability date of its fiduciary conflict-of-interest rule and related prohibited transaction exemptions (PTEs). The...more

Fiduciary Rule Delayed - Important Compliance Takeaways

by K&L Gates LLP on

Today, the Department of Labor (“DOL”) published its final rule delaying the applicability dates of its rule changing the definition of the term “fiduciary” (the “Fiduciary Rule”) and related prohibited transactions...more

DOL Fiduciary Rule Delayed by 60 Days

by Morrison & Foerster LLP on

Impartial Conduct Standards to Become Effective on June 9, 2017 Other Provisions Are Subject of Further Evaluation Prior to January 1, 2018 Implementation Date - Late in the day on April 4, 2017, the Department of Labor...more

Client Alert: DOL’s Final Rule on Fiduciary Investment Advice—Overview and Considerations for Plan Sponsors

by Hodgson Russ LLP on

On April 8, 2016, the Department of Labor (DOL) published a final rule replacing its 1975 regulation defining fiduciary investment advice. The final rule, titled “Definition of the Term ‘Fiduciary’; Conflict of Interest...more

The 2016 Election and the Future of the Department of Labor Fiduciary Rule

by Morgan Lewis on

The election of Donald J. Trump to be the 45th president of the United States and Republican control of both congressional houses could have profound impacts on financial services regulation, including the fiduciary...more

DOL Issues First Wave of Fiduciary Rule Guidance

by McGuireWoods LLP on

Last week, the U.S. Department of Labor (DOL) issued long-awaited guidance in the form of answers to 34 frequently asked questions (the FAQs) on its final rule (the Rule) for determining when a party is a fiduciary, by virtue...more

How the DOL’s Impartial Conduct Standard Affects Exemptions Used by Financial Services Companies

by Goodwin on

In conjunction with its issuance in April 2016 of a new regulation redefining the concept of “investment advice” for purposes of fiduciary status under ERISA and Section 4975 of the Code, the Department of Labor amended a...more

Private Investment Fund Managers and Other Investment Advisers May Be Affected by the U.S. Department of Labor’s New Fiduciary...

by Proskauer Rose LLP on

On April 6, 2016, the U.S. Department of Labor (DOL) issued its highly anticipated final rule addressing when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the...more

The Final Rule: Technical Corrections to Best Interest Contract and Principal Transaction Exemptions

On July 7, 2016, DOL released technical corrections to its two new exemptions published in April 2016 in conjunction with the Final Rule: ..The Best Interest Contract Exemption (BICE), now officially designated as...more

The ERISA Litigation Newsletter - June 2016

by Proskauer Rose LLP on

Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

Industry Organizations Sue to Prevent Enforcement of the Fiduciary Rule

by K&L Gates LLP on

The Department of Labor’s (“Department”) Fiduciary Rule and related Best Interest Contract Exemption and Prohibited Transaction Exemption amendments (collectively, the “Regulatory Package”) have faced significant resistance...more

Broker-Dealers and the New DOL Fiduciary Rule

by Miles & Stockbridge P.C. on

Under ERISA and the Code, a fiduciary to a plan or IRA includes a person who renders investment advice for a fee. ERISA imposes safeguards on a fiduciary by applying standards of care and duties of loyalty and penalizing a...more

Might You Be Stumbling Into Being Subject to the U.S. Department of Labor’s Conflict of Interest Regulatory World?

by Winstead PC on

The U. S. Department of Labor’s Conflict of Interest regulatory package (the “COI Rules”) reaches far more than traditional trustees named in retirement plan documents. Many financial advisors, tax advisors, investment...more

US Department of Labor’s Fiduciary Rule Introduces a Brave New World

by Latham & Watkins LLP on

Final rule reflects some concessions, but its broad scope and compliance costs will cause financial services advisers to re-evaluate their business models. On April 6, 2016, the US Department of Labor (the DOL) released...more

The DOL's New Fiduciary Rules for Retirement Investment Advice

by Faegre Baker Daniels on

After years of debate and speculation, the U.S. Department of Labor (DOL) issued its final package of rules to regulate individuals and entities that provide investment advice to retirement plans and IRA investors. The DOL’s...more

New PTEs Impact Broker’s and Advisor’s Relationship with Retirement Plans and IRAs and Also Impact Plan Sponsors and Fiduciaries

by Winstead PC on

While only the plan service providers, like brokers, are required to comply with the requirements of the revised and new prohibited transaction class exemptions contained in the package with the definition of...more

The ERISA Litigation Newsletter - April 2016

by Proskauer Rose LLP on

Editor's Overview - This month we feature three key developments. First, we review the U.S. Supreme Court's decision in Gobeille v. Liberty Mut. Ins. Co., 136 S. Ct. 936, 947 (2016) wherein the Supreme Court held that a...more

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