Compliance

Claims for non-ERISA NQDC plans may be brought under state-contract law, but a federal appeals court found Safelite's plan was an ERISA plan, so state-law claims were preempted.

Among other things, a federal judge found Transamerica Asset Management’s substitution of its sub-advisers is not a concrete, obvious explanation for the poor performance of the challenged funds.

The Investment Adviser Association says the SEC’s proxy voting guidance will increase costs for advisers and also increase barriers to entry for proxy advisory firms.  

The proposed rule, which the OMB has up to 60 days to review is aimed at reducing costs and improving participant understanding of retirement plan disclosures.

A federal district court judge explained how the plaintiff actually benefited after the stock shares were purchased, so she suffered no harm.

A three-judge panel concluded that a precedent-setting appellate decision which held that ERISA claims are not arbitrable is “no longer good law” in light of interim Supreme Court...

Fiduciaries were ordered to restore $6,502,500 to the plan for an overpriced purchase.

In July, the IRS proposed regulations that would provide an exception, if certain requirements are met, to the application of the “unified plan rule,” what the industry refers...

Board of Governors candidate-by-petition Chris Flint has defeated the FINRA-preferred candidate Andrew Duff.

The “Automatic IRA Act of 2019” would require employers that do not provide another qualified retirement plan and that have more than 10 employees to enroll workers automatically...

The bottom line was, “Absent extraordinary circumstances, ERISA’s duty of prudence requires an ESOP fiduciary to publicly disclose inside information only when the securities laws require such disclosure.”

Does an individual’s failure to cash a retirement plan distribution check permit her to exclude the amount of the designated distribution from her gross income in that year?

Attorneys for the defense in Kennis vs. Metropolitan West say their victory in district court could be a turning point in a trend of securities litigation that emerged...

Retirement plan fiduciaries at Intel are accused of exposing investors to bets on speculative areas of the markets.

The lawsuit, alleging the act that created the program is preempted by ERISA, was filed less than a year after the Trump administration and Congress cancelled an ERISA...

A federal court judge found Metropolitan West Asset Management, LLC charged a reasonable fee for a fund it advises, considering the services it provides and risks it takes...

Despite a market “teeming with better-performing alternatives,” the plaintiffs say, Walgreen selected the Northern Trust Funds, which already had a history of poor performance.

A new IRS private letter ruling essentially conforms the tax treatment of properly structured advisory fees from non-qualified annuity contracts to those paid out of qualified accounts, which typically...

The self-regulatory organization says it will help members implement the SEC's sweeping new conflict of interest disclosure rules.