News & Analysis as of

Department of Labor (DOL) Disclosure

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (38):The Fiduciary Acknowledgment

The Department of Labor has issued its final regulation defining fiduciary status for investment advice to retirement investors and the related exemptions for prohibited conflicts—PTEs 2020-02 and 84-24. The exemptions...more

Warner Norcross + Judd

Final Fiduciary Rule – Part 2: Conflicted Transaction Relief for Investment Advice Fiduciaries

The U.S. Department of Labor (DOL) amended Prohibited Transaction Exemption 2020‑02 (Amended PTE 2020-02) on April 25, 2024. This amendment addresses administrative deficiencies cited in federal court decisions challenging...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Three Recap

The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE  published the first installment on Monday,...more

Faegre Drinker Biddle & Reath LLP

Compensation Requirements under Proposed Amendments to PTE 2020-02

Broker-dealers and their registered representatives (advisors) providing services to private sector tax-qualified and ERISA-governed retirement plans, participants in those plans and IRA owners (collectively, Retirement...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, January 2024

Welcome to the first issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Faegre Drinker Biddle & Reath LLP

The SEC’s 2024 Examination Priorities: Impact on IRAs and Retirement Plans

The SEC Division of Examinations recently released its 2024 Examination Priorities (2024-exam-priorities.pdf (sec.gov)). While the Priorities cover a range issues, this article focuses on the Priorities that could impact...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - March 2023

Circuits Split Over Whether Targeting Is Necessary for Seller Liability - Key Points - - While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability,...more

Faegre Drinker Biddle & Reath LLP

Discretionary Management of IRAs: Conflicts and Prohibited Transactions

Both the Internal Revenue Code (Code) and the Employee Retirement Income Security Act of 1974 (ERISA) include prohibited transaction provisions that literally prohibit certain transactions (unless exempted by statute or by a...more

Fenwick & West LLP

Federal Contractors Have Until September 19 to Object to FOIA Disclosure of EEO-1 Reports

Fenwick & West LLP on

Federal contractors who have filed an Employment Information Report (EEO-1) Type 2 Consolidated between 2016-2020 and wish to object to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)...more

McDermott Will & Emery

Federal Contractors' EEO-1 Reports May Be Revealed

McDermott Will & Emery on

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently broadcasted a notice to federal contractors of its potential release of their EEO-1 reports. Contractors have until September 19,...more

Jackson Lewis P.C.

Department of Labor: Releasing Employers’ 2016-2020 EEO-1 Report Data Unless Each Employer Objects

Jackson Lewis P.C. on

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S....more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #64: Compliance with PTE 2020-02: Disclosure of Conflicts of Interest

The DOL “Fiduciary Rule,” FAQ 14: Disclosure of Conflicts of Interest - This series focuses on the DOL’s new fiduciary “rule”, which was effective on February 16. This, and the next several, articles look at the Frequently...more

McDermott Will & Emery

Department of Labor Exemption Impacts Investment Advice Fiduciaries

McDermott Will & Emery on

The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision...more

Constangy, Brooks, Smith & Prophete, LLP

A “Vaccine” For COVID-19 ERISA Litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an...more

Groom Law Group, Chartered

[Webinar] New DOL E-Delivery Rules – Coming Soon to an Inbox Near You - May 27th, 1:00 pm - 2:00 pm ET

Less than seven months following its proposal, DOL has finalized a new safe harbor regulation governing the use of electronic media for furnishing participant-level disclosures required by Title I of ERISA. The new safe...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: October 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: an important decision by the Supreme Court of British Columbia...more

Proskauer - Corporate Defense and Disputes

The Battle Lines Continue to Form Over the DOL’s Fiduciary Proposal

Earlier this month, the Securities Industry and Financial Markets Association (“SIFMA”) released its “Proposed Best Interests of the Customer Standard for Broker-Dealers” – an alternative to the U.S. Department of Labor’s...more

Cozen O'Connor

President Obama Wields His Executive Power Once Again to Target Federal Contractors on Pay Issues

Cozen O'Connor on

On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring...more

Goodwin

District Court Relies on Fee Disclosure Regulation to Dismiss Complaint

Goodwin on

A federal district court in New York last month dismissed a class action complaint brought by a company sponsoring a 401(k) plan. The plaintiff, in Skin Pathology Associates v. Morgan Stanley, alleged, among other claims,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL proposes a guide to fee disclosures

Any radical change to a business, industry, or an organization is going to take some time to adjust. Sometimes it becomes a work in progress because there maybe some tinkering with that change because of some negative...more

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