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Will ERISA’s Fiduciary Exemption “Rollover” to the New Administration? DOL Issues Year-End Package Relating to “Investment...

Overview The U.S. Department of Labor (the “DOL”) on December 15, 2020 issued a release (the “Release”) finalizing Prohibited Transaction Class Exemption (“PTCE”) 2020-2 (the “Final Exemption”) for retirement accounts...more

ERISA’s Fiduciary Saga Continues — DOL Issues Final Exemption with New Commentary

Last week, the U.S. Department of Labor (the “DOL”) on December 15, 2020 issued a release (the “Release”) finalizing an important new initiative for retirement accounts (“Plans”) that are subject to the Employee Retirement...more

Voting on Principle – ERISA Proxy Regulation Finalized

Overview - At the end of last week, on December 11, 2020, the Department of Labor (the “DOL”) released a Final Rule, Fiduciary Duties Regarding Proxy Voting and Shareholder Rights (the “Final Rule”), which addresses the...more

An ESGplanation of ERISA's New Regulation on Social Investing

The U.S. Department of Labor (the “DOL”) on October 30, 2020 released a final regulation (the “Final Regulation”) relating to the consideration of non-pecuniary factors by fiduciaries of employee benefit plans (“Plans”) that...more

A DOL Proxy Vote Against ESG? – New ERISA Proposal May Limit Plans’ Exercise of Shareholder Rights

The U.S. Department of Labor (the “DOL”) on August 31, 2020 proposed a regulation (the “Proposed Proxy Regulation”) that would apply to how fiduciaries under the Employee Retirement Income Security Act of 1974 (“ERISA”)...more

ERISA’s Social Goals? ESG Considerations Under ERISA

A substantial portion of available global investment capital is held under private U.S. pension and other employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). At the same time, for...more

DOL and Treasury Defang COBRA’s Deadlines in a Time of National Emergency

A national emergency was declared on March 13, 2020, as the result of the COVID-19 pandemic. As a result of that declaration, the Federal Emergency Management Agency (FEMA) issued emergency declarations for every state,...more

Do We Still (Obama-)Care About the Individual Mandate?— Fifth Circuit Holds the Mandate to Be Unconstitutional but Remands for...

The Patient Protection and Affordable Care Act, often referred to as Obamacare (the “ACA”) has survived two trips to the U.S. Supreme Court. It remains to be seen whether there will be a third. ...more

Some Less Egregious Aggregation? – First Circuit Reverses the District Court in Sun Capital Partners

The recent decision by the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may allay some of the concerns that private-equity and other investment funds that acquire or invest in portfolio...more

Electricity in the Air: Court Decides that Stockholder Ratification Not Enough to Insulate Tesla CEO’s $55.8 Billion Compensation...

The Delaware Chancery Court rejected an attempt by Tesla’s Board of Directors to dismiss a challenge to CEO Elon Musk’s “extraordinary” 2018 compensation package. Because Musk is also Tesla’s controlling stockholder, the...more

Arbitrable But Not Capricious: Ninth Circuit Upholds Arbitration Requirement Under ERISA

In Dorman v. Charles Schwab Corp., the U.S. Court of Appeals for the Ninth Circuit held on August 20, 2019 that claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) can generally be subject to mandatory...more

NEWSFLASH: Texas v. United States

The Patient Protection and Affordable Care Act (the “ACA”) has survived two trips to the U.S. Supreme Court. It now appears as though a third is likely....more

ERISA's Amended Fiduciary Rule - Done, Done, Onto the Next One

The U.S. Department of Labor’s amended “investment advice” fiduciary rule need no longer ask for whom the bell tolls. It tolls for thee. So - ding dong, the rule is dead....more

Ding Dong - The Amended Fiduciary Rule Is (Almost) Dead

Fiduciary rule, we hardly knew ya. The death knell for the DOL’s amended rule appears to be sounding this week with the expected mandate from the Fifth Circuit effectuating the vacatur of the amended rule in the case of...more

DC Circuit shuts down effort to limit TCPA liability for communicating health information

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

ERISA's Fiduciary Rule - Dead Yet? Game Over? Maybe, Maybe Not . . .

It has been a long and winding road for the amended fiduciary regulation (the "Regulation") and the related new and amended exemptions (collectively, the "Rule") of the U.S. Department of Labor (the "DOL") under the Employee...more

Drip Drip Drip - Is the DOL's Fiduciary Rule Slowly Going Down the Drain?

The U.S. Department of Labor (the “DOL”) today (August 9, 2017) submitted a Notice of Administrative Action in the Thrivent v. Acosta litigation (D. Minn.). The Notice relates to the final regulation that defines who is a...more

Chipping Away - Does the DOL's Fiduciary Rule Continue to Be on the Chopping Block?

The U.S. Department of Labor (the “DOL”) published in the Federal Register on July 6, 2017 a Request for Information (the “RFI”) regarding the final regulation defining who is a “fiduciary” of an employee benefit plan as a...more

ERISA's Fiduciary Rule – Not Dead Yet, Not Dead . . . Ever?

It has been a long and winding road for the amended fiduciary regulation (the "Regulation") of the U.S. Department of Labor (the "DOL") under the Employee Retirement Income Security Act of 1974 ("ERISA"). The highly...more

Compensation-Related Information from Prospective Employees – Don’t Ask, Can Tell

New York City’s mayor signed legislation captioned, “Prohibiting Employers From Inquiring About a Prospective Employee’s Salary History” (Int. No. 1253-A) (the “NYC Salary Law”) on May 4, 2017. The NYC Salary Law amends the...more

The DOL Issues “Investment Advice” FAQs – Continues to Try to Find an Ideal Balance for the Brave New Fiduciary World

The U.S. Department of Labor (the “DOL”) released its first set of FAQs (the “FAQs”) regarding the DOL’s recently finalized “investment advice” regulation and various related exemptions (collectively, the “Final Rules”) on...more

Financial Services Quarterly Report - Second Quarter 2016: Does the Supreme Court’s Dudenhoeffer Decision under ERISA do “More...

Earlier this year, the U.S. Supreme Court decided the case of Amgen v. Harris, in which the Court revisited and clarified its 2014 holding in Dudenhoeffer v. Fifth Third Bancorp.2 Both cases concern the application of a...more

More Egregious Aggregation Under ERISA in the Sun Capital Partners Case? The District Court Goes Down Yet Another Road

The recent opinion by the U.S. District Court for the District of Massachusetts on remand from the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may be troubling to private equity funds and...more

The Brave New Fiduciary World Has Arrived – The DOL Tries to Find a More Ideal Balance in the Final “Investment Advice” Rules

The U.S. Department of Labor (the “DOL”) on April 6, 2016 released the final version of its “investment advice” regulation and accompanying prohibited transaction exemptions, a highly-anticipated milestone that is the...more

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