News & Analysis as of

Compensation & Benefits Retirement Plan Investment Management

Mayer Brown

The Pensions Brief - July 2024

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ESG – compliance review findings - The Pensions Regulator (TPR) has published the findings from its review of how trustees are complying with their wider ESG duties. The review concludes that while 99% of trustees of...more

Pullman & Comley, LLC

It’s Not Spam: Why Your Retirement Plan Vendor May Be Trying to Get Your Attention (and Why You Should Respond)

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The Secure 2.0 Act of 2022 authorizes numerous new provisions that employers can choose to include or exclude in the retirement plans they sponsor. Recently, retirement plan vendors (vendors) have been sending communications...more

K&L Gates LLP

QPAM Exemption Amendment—Key Takeaways and Action Steps for Advisors and Other Stakeholders

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Executive Summary - Many investment advisers and other financial institutions rely on the Department of Labor’s QPAM Exemption when providing services to, and transacting with, employer-sponsored retirement plans, individual...more

Seyfarth Shaw LLP

Court Finds Named Plaintiffs Inadequate to Represent Proposed Class on ERISA Excessive Fee Claims

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Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that...more

Robinson Bradshaw

Fiduciary Fundamentals: The Basics

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The Employee Retirement Income Security Act of 1974 (ERISA) is a body of federal laws and regulations that govern the provision and operation of certain employer-sponsored benefit plans. While its structure and requirements...more

Cadwalader, Wickersham & Taft LLP

Kansas Public Employees Retirement System Warns of Adverse Consequences From “Anti-ESG” Bills

Earlier this month, the Kansas Public Employees Retirement System (KPERS) urged legislators to reject key aspects of “anti-ESG” bills introduced in the Kansas Senate and House of Representatives. Both bills are designed, in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Senator wants crypto option, good luck

As Bitcoin starts inching back up, I’m in the black again and expect more clamor for crypto options in 401(k) plans. Senator Tommy Tuberville, R-Alabama, reintroduced legislation to create a law, the Financial Freedom Act...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Hate ESG funds? Don’t offer them

The ESG rule issued by the Department of Labor (DOL) has incensed anyone who believes that the selection of retirement plan investments should be based solely on total return. It’s incensed 25 state attorney generals to sue...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Even when offered, ESG funds aren’t that popular

Research shows that 401(k) plan participants who direct their investment, rarely allocate to environmental, social, and governance (ESG) investments....more

Proskauer - Employee Benefits & Executive...

[Podcast]: Key ERISA Fee and Investment Litigation Developments and the Impact of Hughes v. Northwestern University

In this episode of The Proskauer Benefits Brief, Myron D. Rumeld, partner and co-chair of Proskauer’s ERISA Litigation group and senior associate Tulio D. Chirinos, review the current state of affairs with respect to the...more

Proskauer - Employee Benefits & Executive...

DOL Statement on Private Equity Investment Emphasizes Fiduciary Responsibility

On December 21, 2021, the Department of Labor (the “DOL”) published a Supplemental Statement (the “Supplemental Statement”) to its June 3, 2020 Information Letter (the “2020 Letter”) addressing fiduciary considerations for...more

Dechert LLP

The Pendulum Swings – Department of Labor Changes Its Tone for Private Equity Under 401(k) Plans

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Last week, the U.S. Department of Labor (the "DOL") on December 21, 2021 issued a supplement (the “2021 Supplement”) to a June 2020 Information Letter (the "2020 Information Letter") that had addressed the possible use of...more

Carlton Fields

Three Timely Benefits Items Everyone Should Know

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Carlton Fields tax attorney Lowell Walters discusses three timely employee benefits issues: using employee benefits to reduce expenses; helping retirement plan participants in an inconsistent investment market; and, the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Most companies aren’t suspending contributions, well yeah

A majority of 401(k) plan sponsors have said that they haven’t felt the need to stop or eliminate contributions during the coronavirus pandemic, according to a new survey by the Defined Contribution Institutional Investment...more

Goodwin

Top 10 Compensation and Benefits Issues for Employers in Light of the COVID-19 Pandemic

Goodwin on

As the COVID-19 pandemic continues to unfold, many employers are faced with questions about the impact of economic changes and workforce reductions on their compensation and benefits arrangements. This alert is intended to...more

Best Best & Krieger LLP

Understanding the Fees Paid by Your Governmental Retirement Plan

There are several fundamental principles and concepts that governmental plan sponsors and fiduciaries need to bear in mind as they select and monitor their plan providers and the fees that these providers charge....more

Ballard Spahr LLP

Department of Labor OKs Automatic Rollover Into New Employer's Retirement Plan

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The Department of Labor (DOL) made it easier to consolidate small retirement account balances with a prior employer into a new employer’s plan, now without the direct involvement of the participant....more

Carlton Fields

401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)

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A New York district court granted certification in an ERISA class action brought by employees of Deutsche Bank alleging the individual fiduciaries of the company’s retirement plan engaged in self-dealing and mismanagement of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Ratings Agency Moody’s Corp. has agreed to pay roughly $864 million to resolve federal and state claims that it gave juiced ratings to risky MBS in the run-up to the financial crisis. Half of the total will end up in DOJ...more

Perkins Coie

SEC Staff Smooths the Way for DOL Fiduciary Rule Compliance

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The SEC’s Division of Investment Management released a Guidance Update on December 19, 2016, addressing certain procedural issues that have arisen in connection with the so-called “Fiduciary Rules” adopted by the U.S....more

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