On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more
7/10/2025
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Final Rules ,
Insurance Regulations ,
Lifetime Income Disclosures ,
Regulatory Reform ,
Retirement Plan ,
Rulemaking Process ,
SECURE Act ,
Trump Administration
Excessive fee cases against plans governed by the Employee Retirement Income Security Act (ERISA) have been on the rise for the last decade. ERISA litigation is expanding with novel theories such as forfeiture litigation....more
5/12/2025
/ Benefit Plan Sponsors ,
Breach of Duty ,
Compensation & Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Management ,
Investment Opportunities ,
Motion to Dismiss ,
Pleading Standards ,
Prohibited Transactions ,
SCOTUS ,
Settlement
In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more
4/29/2025
/ Biden Administration ,
Chevron Deference ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary ,
Fiduciary Duty ,
Investment Opportunities ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Retirement Plan ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation ,
Trump Administration
The regulatory pendulum has been swinging toward deregulation since Donald Trump was inaugurated last month. On his first day in office, January 20, 2025, President Trump issued a presidential memorandum titled “Regulatory...more
2/24/2025
/ Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
Fiduciary Duty ,
Fiduciary Rule ,
Final Rules ,
Regulatory Agenda ,
Regulatory Freeze ,
Retirement Plan ,
Trump Administration
The Mysterious Boundary Beyond Which “Personal” Relationships Jeopardize a Director’s Independence -
In a recent enforcement action, the SEC concluded that the relationship between James Craigie and an officer of Church &...more
2/11/2025
/ Blockchain ,
Board of Directors ,
BSA/AML ,
Consumer Insurance Products ,
Corporate Governance ,
EFTs ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Fiduciary Duty ,
Investment ,
Investment Contract ,
Publicly-Traded Companies ,
Retirement ,
Securities and Exchange Commission (SEC) ,
Variable Insurance
A notable trend in ERISA litigation has emerged as in-house attorneys look to mitigate the risks of coming waves of class action litigation. Beginning in late 2023, there have been several challenges to the use of forfeiture...more
In April 2024, the U.S. Department of Labor issued its long-awaited retirement security rule, also known as the fiduciary rule, broadening the definition of who is an “investment advice fiduciary” under the Employee...more
The Federation of Americans for Consumer Choice v. Department of Labor case was the first case challenging the Department of Labor’s 2024 retirement security rule defining who is an investment advice fiduciary. It was...more
The Department of Labor’s final definition of “investment advice” fiduciary regulation makes many more individuals fiduciaries under both the Employee Retirement Income Security Act and the Internal Revenue Code. Where for...more