News & Analysis as of

Proposed Rules Department of Labor (DOL) Fiduciary Duty

Seyfarth Shaw LLP

Third Time’s a Charm or Three Strikes You’re Out? The Department of Labor Finalizes its Third Revised Investment Advice Fiduciary...

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On April 23, 2024, the DOL finalized its 2023 proposed package of amendments to the regulations defining who is a fiduciary under ERISA by virtue of providing investment advice for a fee, and amendments to seven existing...more

Morgan Lewis - ML Benefits

DOL Proposed Rule on Automatic Portability: Plan Fiduciaries’ Perspective

While the US Department of Labor’s (DOL’s) recently proposed regulations regarding automatic portability transactions would place the onus of compliance on transfer providers, a number of the provisions would trigger ERISA...more

Carlton Fields

New DOL Fiduciary Rule Proposal: Still the Same Old Act…

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On November 3, 2023, the Department of Labor proposed yet another fiduciary rule, the latest in more than a decade of DOL efforts to ensure that every financial professional who sells an investment product to a retirement...more

Cadwalader, Wickersham & Taft LLP

DOL Issues New Proposed Fiduciary Rule

On Tuesday, October 31, 2023, the U.S. Department of Labor (the "DOL") issued a new proposed rule pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code. If adopted, the proposed rule would...more

Troutman Pepper

DOL Proposed Rule: New Definition of "Investment Advice Fiduciary"

Troutman Pepper on

On October 31, the Department of Labor (DOL) released a proposed rule (the Proposed Rule) aiming to redefine and expand who qualifies as an “investment advice fiduciary” under the Employee Retirement Income Security Act of...more

Seyfarth Shaw LLP

You Can Call the DOL’s New Investment Fiduciary Rule by Another Name (“Retirement Security” Rule), but it’s Still the “Fiduciary...

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On October 31, 2023, the Department of Labor (“DOL”) issued its latest attempt at revising the rules regarding when investment professionals who provide “investment advice” to employee benefit plans or plan participants are a...more

A&O Shearman

U.S. Department of Labor proposes new fiduciary rule, again

A&O Shearman on

On October 31, 2023, the U.S. Department of Labor (“DOL”)'s Employee Benefits Security Administration (“EBSA”) proposed a new fiduciary rule (the “Proposal”). If finalized, the Proposal would (1) expand the definition of...more

Verrill

The Department of Labor Proposes Its New Fiduciary Rule

Verrill on

On October 31, 2023, the Department of Labor published a new proposed regulation (the “Proposed Rule”) defining “investment advice” for purposes of determining when someone advising an ERISA plan or participant or an IRA...more

Ballard Spahr LLP

The U.S. Department of Labor Issues Proposed Rule Giving Plan Fiduciaries Greater Latitude to Invest in ESG Funds

Ballard Spahr LLP on

On October 14, 2021, the U.S. Department of Labor (DOL) released a new proposed rule, "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights," that (again) seeks to define the extent to which a...more

Groom Law Group, Chartered

DOL Issues Final Proxy Voting Rule

On December 16, the Department of Labor (the “Department”) published its final regulation addressing the fiduciary duties that apply to proxy voting and the exercise of other shareholder rights in connection with investments...more

Epstein Becker & Green

[Webinar] Hot Topics and Trends in Employee Benefits for 2021 - December 3rd, 12:00 pm - 1:00 pm ET

Epstein Becker & Green on

Please join us for our live Hot Topics and Trends in Employee Benefits for 2021 webinar on Thursday, December 3, 2020. Attorneys from our Employee Benefits and Executive Compensation practice will provide insights on current...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

Goodwin on

In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

Proskauer - Employee Benefits & Executive...

To Vote, or Not to Vote, That is the DOL’s Proxy Voting Question for ERISA Fiduciaries

On September 4, 2020, the Department of Labor (“DOL”) published a proposed rule (the “Proposed Rule”) that would confirm its position that ERISA’s fiduciary duties of prudence and loyalty apply to an ERISA plan fiduciary’s...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - DOL Proposed Changes for Socially Responsible Investment Options

Williams Mullen on

On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Marie Yascko-Rosado who discusses the Department of Labor’s proposed rule that could impact plan fiduciaries who use...more

Goodwin

U.S. Department of Labor Formalizes Reinstatement of “Five Part Test” For Fiduciary Investment Advice and Proposes Broad Principal...

Goodwin on

On June 29, 2020, the U.S. Department of Labor (the Department) formally reinstated its “five-part test” for determining what constitutes “investment advice” under ERISA and Section 4975 of the Internal Revenue Code (the...more

Tucker Arensberg, P.C.

DOL Proposes New Rule for Investment Advisors Providing ERISA Fiduciary Advice

Tucker Arensberg, P.C. on

On June 29, the DOL proposed a new class exemption from the prohibited transaction rules for investment advice fiduciaries. If certain conditions are met, an investment advisor may receive reasonable compensation for...more

Proskauer Rose LLP

DOL Proposes Restrictions on ESG Investing and Issues New Fiduciary “Investment Advice” Guidance

Proskauer Rose LLP on

Proposed ERISA Restrictions on ESG Investing - On June 23, 2020, the U.S. Department of Labor (the “DOL”) issued a proposed rule that would limit when and how fiduciaries of plans subject to the U.S. Employee Retirement...more

Foley Hoag LLP

DOL Proposed Rule Further Discourages ESG Investments by ERISA Plans

Foley Hoag LLP on

The U.S. Department of Labor (“DOL”) recently issued a proposed regulation (the “Proposed Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to reinforce its long-standing position that fiduciaries of...more

Tucker Arensberg, P.C.

DOL Proposes Rules for ESG Investments

Tucker Arensberg, P.C. on

On June 23, the DOL released proposed regulations for retirement plans for “socially responsible” investments that are also called environmental, social and governance (ESG) investments. The proposed standards require plan...more

Bowditch & Dewey

DOL Proposes New Rules for Selecting Retirement Plan Investments

Bowditch & Dewey on

If you are a member of the committee for your employer’s pension, 401(k), profit-sharing, or 403(b) plan, you should check out a set of proposed rules for selecting investments. If you have an outside investment advisor, as...more

Groom Law Group, Chartered

DOL Proposes a New Fiduciary Investment Advice Exemption

On June 29, the U.S. Department of Labor (“DOL”) proposed a new exemption from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) in connection with the...more

Proskauer - Employee Benefits & Executive...

Department of Labor Proposal Would Curtail ESG Investing

On June 23, 2020, the U.S. Department of Labor (the “DOL”) issued a proposed rule (which was published in the Federal Register on June 30, 2020) that would amend its “investment duties” regulation set forth at 29 C.F.R. §...more

Eversheds Sutherland (US) LLP

DOL proposes to formalize its ERISA guidance on ESG investing

On June 30, 2020, the US Department of Labor (DOL) published in the Federal Register a proposed rule that would regulate ERISA plan fiduciary conduct when considering investments under an environmental, social and governance...more

Groom Law Group, Chartered

[Webinar] DOL Proposes Rule to Curtail ESG Investing - June 30th, 2:00 pm - 2:45 pm ET

Join Groom attorneys on Tuesday, June 30, 2020 from 2:00 – 2:45 p.m. ET to discuss the Department of Labor’s proposed rule clarifying plan fiduciaries’ duties when considering investments that incorporate environmental,...more

Sheppard Mullin Richter & Hampton LLP

Regulation Best Interest: The SEC Responds to the DOL’s Fiduciary Rule

On April 18, 2018, the Securities and Exchange Commission published its proposed Regulation Best Interest. Regulation Best Interest would require broker-dealers and affiliated persons to act in the best interest of a retail...more

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