When Attorney-Client Privilege Applies Under ERISA
If communications concern plan assets, they may be discoverable during litigation.
Compliance
SEC’s Risk Alert Worth Close Look Amid ‘Bevy’ of New Rules, Charges
Compliance experts point to the regulator’s focus on third-party providers and its marketing rule stringency in the recent exam notice.
Swing Pricing Proposal on Shaky Ground as Bipartisan Opposition Solidifies
Of all the SEC proposals facing pushback, the swing pricing proposal for mutual funds is taking the most heat from...
American Airlines Asks Judge to Toss 401(k) ESG Complaint
The airline's motion maintains that former pilot has no standing in ESG investing lawsuit, including an amended complaint that sought...
Low Birth Rates Are Not the Main Threat to Social Security Insolvency
Income inequality is a greater threat, according to the Social Security Administration’s chief actuary.
Congress, Industry Push Back on SEC’s AI, Safeguarding Rule Proposals
The proposal would require advisers to eliminate conflicts related to a wide range of computational technology.
AT&T Receives Industry Backing in 2017 Excessive Fee Case
ERIC, CIEBA, SPARK and ABC submitted an amicus brief on behalf of the firm’s retirement plan.
SEC Makes 2nd Marketing Rule Charges Against 9 Investment Advisories
According to the regulator, a sweep into marketing rule violations led to $850,000 in total penalties.
DOL Sends New Adviser Fiduciary Rule to OMB for Review
The rule is expected to broaden when investment advice is considered fiduciary advice under ERISA.
House Republicans Look to Repeal DOL Rule Permitting ESG in Retirement Plans
As the House of Representatives returned this week, it wasted no time proposing new bills targeting ESG investing.
Acting Secretary of Labor Su Under Pressure as DOL Prepares Fiduciary Proposal
Republicans introduced legislation targeting the controversial candidate, whose nomination has not been put to a vote.
SEC Charges 5 Advisory Firms for Custody Rule Violations
The rule violation announcement is the second the regulator has issued in a ‘targeted’ effort, even as it seeks public...
Employee Fiduciary LLC Calls On DOL to Improve 401(k) Fee Transparency
The small business retirement plan advisory provided three recommendations to improve participant fee awareness.
Republican Leaders Discourage 3(21) Fiduciary Rule Amendment
Updating the fiduciary rule remains a key area of focus for the Department of Labor, despite missing a published August...
Complying With SEC’s Hypothetical Performance Marketing Rules
Advisers should use a process that makes it tough to fall out of compliance, not look for ways to dodge...
Are You Ready for Class Action Health Care Plan Fee Litigation?
Joanne Roskey, a former DOL solicitor and current ERISA attorney, discusses how to prepare for the likely wave of litigation...
May Climate Funds Be Used in DC Plan Menus?
Yes, as long as they don’t come at the cost of participants’ investment outcomes, according to Wagner Law Group.
Former American Airlines Pilot Fires Back in Retirement Plan ESG Suit
The plaintiff doubles down on allegations the airline defaulted him into ESG-related funds.
DOL Beats ForUsAll Crypto Suit
A federal court ruled there was no legal basis for complaints challenging the DOL’s compliance bulletin cautioning use of cryptocurrency...
Advisers: Roth Catch-Up Extension Welcome, Clarity Still Needed
Retirement plan advisers were happy to tell plan sponsors about the two-year Roth catch-up extension. But the hard work isn’t...