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Fees

Bradley Arant Boult Cummings LLP

What Does the Supreme Court’s Newest Fee Decision Mean for Retirement Plans?

On January 24, the U.S. Supreme Court issued a short unanimous opinion in Hughes v. Northwestern University. The importance of the opinion will likely be modest. At a basic level, all the Supreme Court did was reinstate a...more

Nutter McClennen & Fish LLP

Nutter Bank Report: January 2022

Federal Reserve Considers Merits of Creating a U.S. Dollar Digital Currency The Federal Reserve has published a discussion paper that examines the pros and cons associated with the creation of a U.S. central bank digital...more

Miller Canfield

Important Reminder from the U.S. Supreme Court - Just Giving Plan Participants Options Is Not Enough to Satisfy the Duty of...

Miller Canfield on

KEY TAKEAWAYS - ..Plan fiduciaries have a duty of prudence to independently evaluate on an ongoing basis investments offered in a plan’s menu of options and remove any imprudent ones. ..Plan participants’ ultimate...more

Clark Hill PLC

Supreme Court Declines to Close Floodgates on 401(k) and 403(b) Fee Litigation

Clark Hill PLC on

The past 15 years have witnessed a steady stream of lawsuits alleging that employers’ 401(k) or 403(b) plans forced participants into underperforming or overpriced investment options, or that plan participants’ accounts were...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Retirement Plan Must Scrutinize Expenses Even if It Offers Lower-Fee Options

In recent years, participants in 401(k) and similar employer-sponsored retirement plans have filed class action suits alleging that the plans contain overly expensive investment options. On Monday, the U.S. Supreme Court...more

Arent Fox

Contract Year 2023 Part D Proposed Rule Released: Changes To 'Negotiated Price' Would Require Potential DIR Fees at the Point of...

Arent Fox on

The Centers for Medicare & Medicaid Services (CMS) published the proposed Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs (the Proposed Rule) on...more

Holland & Hart LLP

7 Ways CA Assembly Bill 1535 Impacts Veterinary Medicine

Holland & Hart LLP on

Effective January 1, 2022, California Assembly Bill 1535 and related rulemaking have significantly revised the rules governing the practice of veterinary medicine in California. Key changes include: #1 - Elimination of...more

McGlinchey Stafford

The End of New York’s Foreclosure Moratorium

McGlinchey Stafford on

The hardship stays provided under New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) officially ended on January 15, 2022. The EEFPA was the legislature’s response to protect New Yorkers...more

Foreside

Robo-Advisors Under the Gun, Advisors Warned to Beef Up Fee Billing Practices; SEC Touts Enforcement Efforts and FINRA Rule...

Foreside on

For Investment Advisors - Robo-Advisers Flunk Compliance 101. The SEC’s Division of Examinations (the “Division”) recently issued a Risk Alert focused on advisors that offer automated digital advisory services, also known...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Clean Air Act Title V Fees: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector of General (“OIG”) issued a January 12th report titled: EPA’s Title V Program Needs to Address Ongoing Fee Issues and Improve Oversight...more

Womble Bond Dickinson

Why is Norton Anti-Virus Becoming a Crypto Mining Botnet?

Womble Bond Dickinson on

In the before-times – the heady days of 2017 when the prices of both Bitcoin and Ethereum skyrocketed and seemed immune to gravity – several well-known companies boosted their value by claiming to build new products on the...more

Dorsey & Whitney LLP

The Supreme Court - January 10, 2022

Dorsey & Whitney LLP on

Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more

Dentons

India introduces amendments to biodiversity laws: What this means for business

Dentons on

On December 16, 2021, India proposed amendments to the Biological Diversity Act of 2002 (the Act) by introducing the Biological Diversity (Amendment) Bill, 2021 (Bill). Among other things, the Act imposes an Access and...more

Fisher Phillips

Increase to H-2A Visa Fee May Dissuade Employers from Seeking Essential Foreign Labor

Fisher Phillips on

Adding to the burden on employers leveraging the H-2 visa, the Department of State just published its own proposed rule outlining that this H-category of visa fees will jump from $190 to $310. This mimics additional burdens...more

Goulston & Storrs PC

Private Funds Should Prepare For More SEC Oversight In 2022

Goulston & Storrs PC on

Growth in the private funds industry has been exponential in recent years and shows no sign of slowing down. Industry experts estimate that investors pay private equity and hedge funds more than $250 billion a year in fees...more

Foreside

SEC Charges Advisor and Dual-Hatted CCO Over Inadequate Disclosures About Fee Mark-Ups; Form CRS Violations Continue; Compliance...

Foreside on

LESSONS LEARNED - The War on “May” Continues: SEC Charges Advisor and Dual-Hatted CCO Over Inadequate Disclosures About Fee Mark-Ups. The SEC charged a California-based advisor, its affiliated broker-dealer, and its CEO,...more

Goodwin

European Commission Outlines Proposals For AIFMD 2

Goodwin on

As the Alternative Investment Fund Managers Directive (“AIFMD”) was being developed prior to 2011, there were serious concerns across the funds industry that it might force managers to set up their funds offshore to avoid the...more

Jackson Lewis P.C.

Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases

Jackson Lewis P.C. on

Monday, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by...more

Sheppard Mullin Richter & Hampton LLP

The CFPB Study Shines Spotlight on Banking Fees as a Presage to Greater Regulatory Scrutiny of Consumer Banking Fees

The Consumer Financial Protection Bureau (“CFPB”) has enhanced its regulatory scrutiny of the fees financial institutions assess on consumer depositors. To better understand the gamut of such fees and financial institutions’...more

Wiley Rein LLP

EPA’s 18.9% TSCA Fee Inflation Adjustment

Wiley Rein LLP on

Amid historic and massive increases in inflation[1] and unprecedented supply chain challenges, the Environmental Protection Agency (EPA or Agency) raised its Toxic Substances and Control Act (TSCA) fees by 18.9%. These fees...more

Akin Gump Strauss Hauer & Feld LLP

The SEC’s Multipronged Focus on Advisory Fees—Implications for Private Fund Managers

Any doubts over whether the U.S. Securities and Exchange Commission considers advisory fees to be a focus area for 2022 were dispelled over the past several weeks. In four separate public statements, the SEC and the Staff of...more

Troutman Pepper

No More Hidden “Resort Fees” at Marriott

Troutman Pepper on

Hidden “resort fees” will soon be a thing of the past for Marriott International, Inc. after a recent settlement between the company and Pennsylvania Attorney General Josh Shapiro. Hotels like Marriott routinely advertise...more

Stark & Stark

Counsel Fee Award When Contesting A Will

Stark & Stark on

In general, the party tasked with defending a decedent’s Will during a Will contest, which is typically the executor, is entitled to the reimbursement of counsel fees that they incur in defending the Will on behalf of the...more

Foreside

Let’s Talk Turkey: Advisors May Not Charge Fees for No Services; Roaring Kitty’s Social Media and Personal Trading Activities...

Foreside on

Lessons Learned - Out of Sight, Out of Mind – Advisor Continued to Charge Clients Fees for No Services After IARs Departed. Two Investment Advisor Representatives (IARs) left the firm, and although the impacted clients...more

Foreside

Risk Alerts: SEC Again Finds Litany of Failures in RIA Fee Calculations, Puts Robo Advisors on Alert to Pay Attention to...

Foreside on

On November 9, 2021, the SEC’s Division of Examinations issued a Risk Alert describing its observations from examining advisors that provide investment advice electronically, commonly referred to as “robo-advisors.”...more

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Updated: Dec 28, 2021:

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