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

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

DOL Issues Final Rule Amending QPAM Exemption

On April 3, 2024, the Department of Labor (DOL) released its final rule amending Prohibited Transaction Exemption 84-14 (PTE 84-14). PTE 84-14 exempts from ERISA’s prohibited transaction rules certain transactions between...more

DOL Proposes New Fiduciary Rule Aimed at Investment Advice to Individual Retirement Investors

More than five years after the Fifth Circuit Court of Appeals decision to vacate the Department of Labor’s (DOL) 2016 fiduciary rule, the DOL has proposed a new rule that, once again, attempts to re-define when financial...more

Prevailing Wage and Apprentice Requirements for Clean Energy Tax Credits are Coming into Effect on January 29, 2023

On August 16, 2022, President Biden signed the Inflation Reduction Act (the “IRA”), which included provisions for clean energy tax and climate tax incentive credits for taxpayers – generally builders, developers and owners of...more

DOL Finalizes ESG Rule for ERISA Plan Fiduciaries

The Department of Labor (the DOL) has released its final rule clarifying how and when ERISA fiduciaries may consider ESG factors in making investment decisions for a plan. The rule also offers substantial guidance on the...more

DOL: Rollover Recommendations May Constitute Advice; Proposes Prohibited Transaction Exemption

In a proposed class prohibited transaction exemption published on June 29, 2020 (the “proposed exemption”), the Department of Labor (DOL) stated that advising employee benefit plan (“plan”) participants to roll over plan...more

DOL Offers Comfort to 401(k) Plan Fiduciaries Offering Private Equity Investments

Those responsible for overseeing their company’s 401(k) plan may be pleased to learn that recent DOL guidance provides that private equity investments may be offered to plan participants if included as part of a multi-asset...more

Expanded Employee Leave: Application and Enforcement

The Families First Coronavirus Response Act (the “Families First Act” or the “Act”) requires covered employers to provide employees two weeks of paid sick leave and additional benefits for family leave due to the COVID-19...more

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