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401k Investors

Proskauer Rose LLP

Proskauer Hedge Start: Accepting Investments from Benefit Plan Investors Subject to ERISA - Insights

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Special rules may apply to hedge funds that accept investments by “benefit plan investors” (Benefit Plan Investors) subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), or Section 4975 of the...more

Seward & Kissel LLP

DOL Publishes Final Regulation Expanding the Definition of an ERISA Fiduciary

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On April 25, 2024, the U.S. Department of Labor (the “DOL”) finalized a collection of regulatory changes in its ongoing quest to update the definition of a “fiduciary” under ERISA and Section 4975 of the Internal Revenue Code...more

Smith Gambrell Russell

DOL Finalizes Investment Fiduciary Rule

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On Tuesday, April 23, 2024, the Department of Labor (the “DOL”) issued final regulations regarding investment fiduciary obligations and the definition of an “Investment Advice Fiduciary” (the “Final Regulations”) under the...more

Proskauer - Employee Benefits & Executive...

Game of Tomes: A Guide to the DOL’s Retirement Security Rule Proposal

The new “retirement security rule” package, issued by the U.S. Department of Labor (the “DOL”) on October 31, 2023, is the latest chapter in an almost 15-year effort by the DOL to amend the five-part test in its 1975...more

Dechert LLP

The Developing Litigation Risks from the ESG Backlash in the United States

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In the past year, environmental, social, and governance (“ESG”) practices have faced heightened scrutiny in the United States from state attorneys general, state and federal legislators, other government officials, and...more

Jackson Lewis P.C.

ESG Considerations for Retirement Plans: A Moving Target

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For those with an eye on ERISA and its fiduciary rules, the past few years have caused whiplash when it comes to environmental, social, and corporate governance (“ESG”) investments in retirement plans....more

Foley & Lardner LLP

SEC Adds Twenty New Crypto Asset Enforcers

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The Securities and Exchange Commission (SEC) recently announced that it will be adding 20 positions to its newly renamed Crypto Assets and Cyber Unit, including fraud analysts, investigative staff attorneys, trial counsels,...more

Jackson Lewis P.C.

Private Equity Investments In 401(K) Plans – The DOL Says Not So Fast

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Hot button ERISA fiduciary issues remain a focus for investment committees of 401(k) plans in 2022. From “excessive” fee litigation – including litigation over the duty to monitor the fees charged by various mutual funds...more

Goodwin

ERISA Litigation Update - October 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Bowditch & Dewey

Impact of House Ways and Means Tax Proposals for Trusts, Estates, and Retirement Accounts

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In this second blog post on the House Ways and Means Tax proposals, we address the proposed changes that will affect the taxation of trusts, estates, and retirement plans. As we discussed, on September 13, 2021, the...more

Goodwin

ERISA Litigation Update - July 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Goodwin

ERISA Litigation Update - April 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

r/wallstreetbets is another reason why I hate self directed brokerage accounts

What the Reddit group wallstreetbets did with Gamestop in a short squeeze was something quite amazing. I joined in for a couple of days with the purchase of AMC stock that I quickly dumped after only making a couple of...more

Goodwin

DOL Will Not Enforce Its Own ESG Rule, But Fiduciaries Should Not Ignore It

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The Department of Labor (DOL) recently announced that it will not enforce its own rule on investment duties under ERISA. The rule makes it more difficult for investment fiduciaries to consider environmental, social,...more

Bowditch & Dewey

401(k) Investment Decisions: New DOL Guidance Raises a Green Flag

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If you have a role in picking the investment options for your company’s 401(k) or 403(b) plan, newly proposed Department of Labor (DOL) guidelines puts guardrails around the use of Environmental, Social, and Governance...more

Cooley LLP

Blog: What You Need to Know About ERISA and Accepting Capital Commitments from “Benefit Plan” Investors

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ERISA is a U.S. federal statute which regulates, among other things, the management and investment of assets of employee benefit plans (such as U.S. pension plans, 401(k) plans and their related trusts). Importantly, ERISA’s...more

Association of Certified E-Discovery...

[Webinar] ACEDS DC Chapter Meeting: Managing Finances During a Pandemic - June 23rd, 1:00 pm - 2:00 pm ET

Join the ACEDS DC Chapter for "Managing Finances During a Pandemic." Topics to Cover: - Overall market update during the pandemic - How to position your portfolio to better weather the storm - If in job transition,...more

Association of Certified E-Discovery...

[Webinar] ACEDS DC Chapter Meeting: Managing Finances During a Pandemic - May 28th, 12:00 pm ET

Join the ACEDS DC Chapter for "Managing Finances During a Pandemic." Topics to Cover: - Overall market update during the pandemic - How to position your portfolio to better weather the storm - If in job transition,...more

Faegre Drinker Biddle & Reath LLP

SECURE Act and Guaranteed Income (Part 2)

The introduction to my last post, SECURE Act Part 1, explained: There are two parts of the SECURE Act that I believe will have the greatest impact on my clients: plan sponsors and plan service providers. The first includes...more

McDermott Will & Emery

Georgetown University Defeats Retirement Plan Fee Litigation and “If a Cat Were a Dog, It Would Bark”

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Recently, the US District Court for the District of Columbia dismissed a proposed class action lawsuit brought by former Georgetown employees under the Employee Retirement Income Security Act of 1974 (ERISA) over fees and...more

Hogan Lovells

Top Five Takeaways from Hogan Lovells Sovereign Investment Conference and a Tax List

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On 26 October, Hogan Lovells hosted its inaugural Sovereign Investor Conference where investment professionals as well as deal and regulatory lawyers discussed the key issues facing government-sponsored investors. Topics they...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2017

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Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

Burr & Forman

DOL Hearings Debate “Fiduciary Duty” not “Suitability” Standard for Retirement Accounts

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The U.S. Department of Labor (“DOL“) recently heard public comment to its proposed regulatory changes implementing a fiduciary duty on any individual receiving compensation for advice tailored to a plan sponsor, participant...more

Saul Ewing Arnstein & Lehr LLP

The Million Dollar Illusion?

Recent articles in the New York Times have added to he discussion of what amount is needed to retire. Focusing on $1,000,000, which is less than the cost of an average apartment in Manhattan, the first article suggests that...more

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