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Regulatory Requirements Fiduciary Duty

Proskauer - Employee Benefits & Executive...

DOL Rescinds 2022 Guidance Cautioning Against 401(k) Plan Investments in Cryptocurrencies

On May 28, 2025, the Department of Labor (“DOL”) issued Compliance Assistance Release No. 2025-01 which rescinds the DOL’s prior Compliance Assistance Release No. 2022-1 which had warned 401(k) plan fiduciaries against adding...more

Conyers

Understanding Outsourcing Obligations for Cayman Islands Funds

Conyers on

It has been two years since the Cayman Islands Monetary Authority (CIMA) introduced its Rule on Corporate Governance for Regulated Entities (the “Corporate Governance Rule”), and a year and a half since it came into force....more

Jackson Lewis P.C.

UPDATE – Departments issue nonenforcement policy statement!

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On May 15, 2025, the Departments of Labor, Treasury, and Health and Human Services issued their anticipated nonenforcement policy regarding the 2024 Mental Health Parity regulations. As expected, nonenforcement is applicable...more

Ropes & Gray LLP

New York City Pension Funds Double Down on Decarbonization – New Expectations Will Impact Managers and Their Portfolio Companies

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Over the last few months, most of the attention in the climate space in the U.S. has been on the dramatic, and expected, shift in federal government policy. However, some “blue state” officials continue to seek to advance...more

Woodruff Sawyer

Fiduciary Duty in the Digital Age: Cybersecurity Best Practices for ERISA Plans

Woodruff Sawyer on

Cybercriminals look for two things when seeking a victim—access and opportunity. ERISA retirement plans offer both. Cybercriminals exploit weaknesses in systems, software, or human behavior to find opportunities for easy...more

Paul Hastings LLP

Public Company Watch: Q1 2025

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The Q1 2025 edition of the Public Company Watch highlights critical updates and regulatory changes affecting public companies. Staying informed on these topics is crucial for effective compliance and strategic planning....more

Alston & Bird

IRS Proposes Changes to 401(k) Catch-Up Contributions

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Our Employee Benefits & Executive Compensation Group discusses what plan sponsors and fiduciaries need to know about the Internal Revenue Service’s proposed changes for employees 50 or older who make additional elective...more

Seyfarth Shaw LLP

Delaware General Corporation Law 2025 Amendments--Interested Person/Control Person Transactions and Inspection Rights

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The State of Delaware, home to a majority of the so-called “Fortune 500” corporations, has been the subject of a variety of criticisms relating to corporate governance, director and officer litigation risk, controlling...more

Troutman Pepper Locke

2025 DGCL Amendments Take Effect, Introducing Sweeping Safe Harbor Provisions for Conflict Transactions

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On March 25, 2025, sweeping changes to the Delaware General Corporation Law (the DGCL) took effect (the amendments). The amendments introduce new “safe harbor” provisions designed to cleanse conflict transactions involving...more

A&O Shearman

Pensions: Joint DB and DC trustee agenda update - April 2025

A&O Shearman on

Welcome to our monthly update on current legal issues for trustees of DC and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

Allen Matkins

What Vice Chancellor Strine Got Wrong In Massey Energy Co.

Allen Matkins on

Vice Chancellor Leo Strine famously wrote that "Delaware law does not charter law breakers".  In re Massey Energy Co., 2011 WL 2176479, at *20 (Del. Ch. May 31, 2011).  Professor William J. Moon picks up on this theme in a...more

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

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In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

Mayer Brown

The Pensions Brief: March 2025

Mayer Brown on

ISSUES AFFECTING ALL SCHEMES - PENSION SCAMS – UPDATED MEMBER LEAFLET - The Pensions Regulator (TPR) has updated its member leaflet on pension scams to remove the reference to Pension Wise....more

Hogan Lovells

UK pension trustee liability insurance: Key insights for trustees

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Pension trustee liability (PTL) insurance can be a crucial safeguard for trustees of UK pension schemes. This article explains: the cover typically provided; the importance of timely notifications; exclusions (what isn’t...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Equitable launches PEP

Equitable has introduced Equitable Retirement Access, the company’s 401(k) Pooled Employer Plan (PEP)....more

Cole Schotz

Proposed Amendments to the Delaware General Corporation Law

Cole Schotz on

On February 17, 2025, significant amendments to the General Corporation Law of the State of Delaware (the DGCL) were proposed directly by the Delaware General Assembly via Senate Bill No. 21, signaling important updates for...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Morgan Lewis

UK Supreme Court to Review Ruling on Motor Finance Commissions: Implications for Auto Sector

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The UK Supreme Court’s ruling on undisclosed commissions earned by brokers will significantly impact the automotive sector and lenders. Although banks have been the focus of debate, the decision by His Majesty’s Treasury to...more

K&L Gates LLP

Asset Management Regulatory Year in Review 2024

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2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global...more

Troutman Pepper Locke

2024 D&O and Professional Liability Year in Review

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The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Mayer Brown

The Pensions Brief: February 2025

Mayer Brown on

ISSUES AFFECTING ALL SCHEMES - PENSION SCAMS – MEMBER LEAFLET - The Pensions Regulator (TPR) has updated its member leaflet on pension scams so that it is branded from the Pension Scams Action Group rather than TPR. The...more

Seyfarth Shaw LLP

The DOL May Not Actually Want to Hear From You: New Guidance Streamlining the Voluntary Fiduciary Correction Program

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The DOL updated its voluntary fiduciary correction program (“VFCP”) which was introduced over 20 years ago to allow plan sponsors to corrected enumerated fiduciary breaches. The amended VFCP now allows for self-correction of...more

A&O Shearman

UK Financial Conduct Authority responds on motor finance judgment

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The Financial Conduct Authority has published a letter addressed to the House of Lords Financial Services Regulation Committee on motor finance commission specifically addressing the court of appeal judgement in Johnson v...more

WilmerHale

Keeping Up with the Regulators: How to Build an Effective Compliance Programme to Satisfy the Best Interest Care Obligation

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It has been nearly five years since the US Securities and Exchange Commission (‘SEC’ or ‘the Commission’) adopted Regulation Best Interest (Reg BI) to enhance the standard of conduct applicable to broker-dealers when they...more

A&O Shearman

Pensions: Joint DB & DC trustee agenda update – February 2025

A&O Shearman on

Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

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