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Minding the Store: Unanticipated ESG Issues Affecting ERISA Fiduciary Supervision

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...more

Rushing to Chaos: The U.S. Department of Labor’s Well-Intentioned, Yet Unworkable Proposal to Redefine Fiduciary Investment Advice

In November 2023, the U.S. Department of Labor (DOL) released a new proposed regulation changing the definition of fiduciary “investment advice” under Title I of ERISA and Section 4975 of the Code. ...more

U.S. Department of Labor Issues Proposed Amendment to QPAM Exemption

On July 26, 2022, the U.S. Department of Labor (the “Department”) issued a proposal to amend prohibited transaction class exemption 84-14 (the “QPAM Exemption”) under ERISA. The QPAM Exemption currently allows a plan’s...more

U.S. Department of Labor Announces Non-Enforcement Policy on Regulation Requiring Fiduciary Investment Decisions to be Based...

On March 10, 2021, the U.S. Department of Labor (“DOL”) released an enforcement policy statement indicating that the DOL will not enforce the Trump Administration’s recent amendments to the DOL’s longstanding investment...more

Department Of Labor Finalizes Regulation Requiring Fiduciary Investment Decisions To Be Based Solely On Pecuniary Factors

On October 30, 2020, the Department of Labor (“DOL”) released its final amended regulation on investment duties under Section 404(a)(1)(A) and (B) of ERISA. The final regulation substantially reworks the DOL’s original...more

U.S. Department of Labor Issues Proposed Regulation on Environmental, Social & Governance Investing

On June 23, 2020, the U.S. Department of Labor issued a proposal to regulate the use of environmental, social, and governance (ESG) strategies by investment fiduciaries under ERISA. The proposal, if finalized, would be the...more

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

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

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