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Employee Benefits › Fiduciary Duty › Exemptions

Maynard Nexsen

Navigating Increased ERISA Litigation Risk Post-Cunningham: How to Protect Your Plan

Maynard Nexsen on

Under the Supreme Court’s recent decision in Cunningham v. Cornell University, No. 23-1007 (April 17, 2025), plaintiffs asserting that ERISA plan administrators engaged in prohibited transactions under ERISA Section 406 are...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (29): The Final Rules Have Arrived

Faegre Drinker Biddle & Reath LLP on

On April 25, 2024, the Department of Labor published its final regulation on fiduciary advice, and the related exemptions, in the Federal Register. The regulation defines fiduciary investment advice and the exemptions provide...more

Faegre Drinker Biddle & Reath LLP

Retirement Account Rollovers: PTE 2020-02 vs. PTE 84-24

Faegre Drinker Biddle & Reath LLP on

Recommendations to retirement plan participants to roll their accounts from a plan to an individual retirement account or annuity will often be viewed as fiduciary advice under new Department of Labor (DOL) guidance. That...more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #38

Faegre Drinker Biddle & Reath LLP on

The Department of Labor’s Proposed Prohibited Transaction Exemption and Its Impact on Recommendations to Plans, Participants and IRAs (Part 3): Investment Adviser Considerations - On December 18, 2020, the DOL issued its...more

Groom Law Group, Chartered

DOL Proposes a New Fiduciary Investment Advice Exemption

Groom Law Group, Chartered on

On June 29, the U.S. Department of Labor (“DOL”) proposed a new exemption from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) in connection with the...more

Holland & Knight LLP

Religious Institutions Update: August 2016

Holland & Knight LLP on

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Baker Donelson

Maryland Enacts Mandatory Private-Sector Retirement Program That Impacts Most Maryland Employers

Baker Donelson on

Maryland joins California, Connecticut, Illinois, and Oregon in leading state initiatives to set up state-sponsored retirement plans for employees. The Maryland Small Business Retirement Savings Program and Trust (“the...more

Holland & Knight LLP

DOL Releases Final Fiduciary Investment Adviser Regulations

Holland & Knight LLP on

On April 6, 2016, the U.S. Department of Labor (DOL) released its long-awaited final regulations defining who is a fiduciary investment adviser (the Final Rule), along with related prohibited transaction class exemptions and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Department of Labor Proposes New Fiduciary Regulation and Prohibited Transaction Exemption Relief for Investment Advice...

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On April 20, 2015, more than three years after withdrawing a similar proposal that was staunchly opposed by the financial services industry, the U.S. Department of Labor (DOL) published in the Federal Register a proposed...more

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