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DOL Issues Proposed Amendment to Investment Advice Fiduciary Regulation

On October 31, 2023, the Department of Labor (“DOL”) issued a much-anticipated proposal to amend its 1975 “investment advice fiduciary” regulation, which defines when a person who provides investment advice for a fee or other...more

DOL Reinstates Five-Part-Test for Investment Advice Fiduciaries and Proposes New Exemption

After several years of uncertainty as to the appropriate standard for determining when an investment adviser will be deemed to be a fiduciary under ERISA, the U.S. Department of Labor (the “DOL”) has finally issued clear...more

DOL Seeks to Extend Fiduciary Rule Transition Period

Advisers and other fiduciaries impacted by the U.S. Department of Labor’s (“DOL”) Fiduciary Rule should note that, according to a recent Notice of Administrative Act filed by the DOL in an ongoing litigation in the District...more

DOL Provides Temporary Enforcement Relief on Fiduciary Rule

The U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (FAB 2017-01) on Friday, March 10, 2017 to address near-term compliance concerns relating to a proposed 60-day delay of the Fiduciary Rule. As previously...more

Further Uncertainty on DOL Fiduciary Rule

We reported in a Foley Adviser on February 3 that President Trump had delayed implementation of the Fiduciary Rule by 180 days. This was based on the draft executive order that the White House had circulated that day. We have...more

Presidential Memorandum Delays Effectiveness of Fiduciary Rule

On February 3, 2017, President Trump issued a presidential memorandum to the U.S. Department of Labor (“DOL”), which delays by 180 days the effective date (originally scheduled for April 10, 2017) of the DOL’s adopted, but...more

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