Overview of H.R. 2988 and Potential Implications for ERISA Fiduciaries

The ERISA world focused much energy and attention on the U.S. Supreme Court’s decision in Hughes v. Northwestern University, in which the Court reinstated a fiduciary suit against Northwestern University. In the aftermath of the Court’s decision, many analysts concluded that the decision would make life even more difficult for plan fiduciaries seeking to fend […]

Fiduciaries responsible to exercise prudence in all decisions—not just some.

TIAA’s business interests conflicted with those of the employer-sponsored plans record kept by TIAA–and TIAA chose to serve its own interests over those of its clients.

What does it mean for a retirement plan to “protect” data–and are barriers to unauthorized access limited to blocking hacks?

Plaintiffs’ must use truly comparable benchmarks in claiming imprudent fiduciary decisions.

Recent guidance from the DOL illustrates the outgoing administration’s desire to leave its mark.

New DOL guidance would provide advisors with incentives to sell commissionable products.

The U.S. Department of Labor has issued new proposed regulations that provide guidance on the process that plan fiduciaries should use in selecting ESG investments. In issuing the proposed regulations the DOL targets ESG funds and creates new requirements–and hurdles-to the use of such funds.

On May 15 the Department of Labor finalized new “safe harbor” rules for the use of electronic media to provide documents required under ERISA. These new rules represent a potentially important easing of the efforts needed for plan administrators to meet disclosure obligations under ERISA. However, a more careful review of the rules raises significant questions about whether the new rules will live up to their potential.