Regulations

DOL takes another swing at redefining investment fiduciaries Read more »

The U.S. Department of Labor has issued new final regulations, revising regulations adopted in 2020, that attempt (once again) to clarify how plan fiduciaries can consider the use of environmental, social and governance factors (“ESG”) in making plan investment decisions. The final regulations also contain guidance on fiduciary considerations in proxy voting. Why the Fuss? […] Read more »

Our last blog (Nature Abhors a Vacuum – and So Should Fiduciaries) discussed the decision by the U.S. Court of Appeals for the Fifth Circuit to invalidate rules, issued by the U.S. Department of Labor, for financial professionals who sell financial services and products to retirement plan participants. One part of the Court’s rationale was […] Read more »

The recent decision by the U.S. Court of Appeals for the 5th Circuit to invalidate the DOL’s fiduciary rules creates further confusion in an area that had already suffered from an excess of …confusion. A few things to note in considering this state of affairs: •      The 5th Circuit’s opinion goes to the core of key […] Read more »

On March 15 the U.S. Court of Appeals for the Fifth Circuit struck down the DOL’s new fiduciary rule. This adds yet more uncertainty and confusion to a regulatory, legal and political tale that already has more than its share of … uncertainty and confusion. This blog post tries to make some sense of what […] Read more »

In an age when technology disrupts one industry after another, it may be helpful to spend some time thinking about technology and healthcare. Specifically, let’s focus on telemedicine – including telehealth (using electronic communication media to provide clinical services) and remote patient monitoring (using technology to monitor patients with certain chronic conditions). Telemedicine holds great […] Read more »