Stephen P. Wilkes
Chief Legal Officer, Partner
Practice Areas
Biography
Stephen Wilkes, a partner in the firm, heads the firm's Investment Management Law practice. He also is a Practice Group leader for the firm's ERISA Fiduciary Compliance and Independent Fiduciary practices. Steve advises a national client base of mutual funds, CIFs, private funds, registered investment advisers, insurance companies, broker dealers, wealth management firms, banks, trust companies, third-party platform providers, Taft Hartley Funds and plan sponsors on ERISA, tax, and related securities law issues. Stephen counsels clients regarding ERISA fiduciary and prohibited transaction issues, investment matters, alternative investments, securities law issues, federal tax issues, and the employee benefits aspects of bankruptcy and related financial restructurings, reorganizations and liquidations. He interacts with regulatory agencies and Congressional staff on legislative and regulatory issues involving the DOL, SEC, IRS, PBGC and OCC.
Stephen has extensive experience in handling audits by the Department of Labor, the IRS, and the United States' Security and Exchange Commission. He gives advice and counseling with respect to retirement plan services agreements, investment management agreements, DOL regulations, SEC regulations, federal legislative activity, qualified employee pension plans, ERISA litigation, Collective Investment Funds, off-shore investment advisers, Sales and Marketing Distribution Agreements and Wrap-Fee Programs. Stephen has also worked closely with his clients regarding structure among broker-dealer firms and platform provider firms for product distribution and preparing non-discretionary or discretionary advisory agreements, Form ADV Part 2, regulatory disclosures and filings, marketing materials, prospectus, revenue sharing, best investment management practices, CIF advisory and sub-advisory agreements, selling and administrative services agreements, distribution agreements, vendor agreements, compliance manuals and WSP's. Stephen has worked with various parties to Chapter 11 bankruptcy proceedings and other financial reorganization and restructuring matters on ERISA, pension plan, and related employee benefit matters and claims.
Prior to working at The Wagner Law Group, Stephen worked as an attorney in a San Francisco law firm, as senior counsel at Financial Engines, Inc. in Palo Alto, and at Merrill Lynch in San Francisco in the fields of ERISA, Securities, and retirement/compensation services. Additionally, Stephen founded and headed his own firm specializing in the area of ERISA.
Stephen's experience also includes partner, associate, general counsel, and assistant general counsel positions at The LTV Corporation (NYSE) in Cleveland, Merchants Suisse Inc. in New York, New York, Hughes and Luce in Dallas, Winstead, Sechrest & Minick in Dallas, Texas, and at Gordon Hurtwitz in New York, New York.
Publications & Media
- New Tree Co. Owners Can’t Lodge Suit Over Defunct ESOP – Law360, July 26, 2024 (PDF)
- Surviving the New DOL Game Plan for Prohibited Transaction Exemptions – Panelist, The Wagner Law Group Webinar, March 19, 2024, 12:00 – 1:00 PM (EDT) – Click here for recording
- DOL Streamlines PTE Application Rule With New Requirements – Co-author, Bloomberg Law, February 29, 2024 (PDF)
- CapitalROCK: Retirement Security Rule Review by Wagner Law Group – Globe Newswire. December 13, 2023 (PDF)
- SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans – Speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX, October 16 – 18, 2023
- ERISA: Defense Strategies to DOL Litigation and Investigations – Panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 – 1:30 PM (EDT)
- The Who, When and Why of Independent Fiduciaries – Co-author, Benefits Magazine, May/June 2023
- Expectations of the Fiduciary and Retrospective Review – Panelist, National Society of Compliance Professionals (NSCP) Virtual Educational Seminar, May 3, 2023 – Click here for details
- A Guide to the SEC’s Reg BI Bulletins – PLANADVISER, August 25, 2022 (PDF)
- Important Pension Issues Likely to Surface – Panelist, American Bankruptcy Institute webinar, June 13, 2022 – Click here for details
- DOL Proposes Tougher Prohibited Transaction Exemption Procedures – Co-author, Bloomberg Tax, Tax Management Compensation Planning Journal, June 6, 2022 (PDF)
- Are You Ready for the SEC’s New Marketing Rule? – National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
- November SEC Advertising Rule Compliance Date Fast Approaching – PLANADVISER, May 5, 2022 (PDF)
- Mandates Beyond the Advisers Act: Anti-Money Laundering, ERISA and ’34 Act Section 13 Reporting for Investment Advisers – Panelist, NRS – National Regulatory Services webinar, April 7, 2022 – Click here for details
- ERISA Considerations In Using Brokerage Window Investing – Co-author, Law360, March 10, 2022 (PDF)
- New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – WealthManagement.com, February 7, 2022 (PDF)
- Cybersecurity A Major SEC Focus in 2022 – Co-author, 401(k) Specialist, January 26, 2022 (PDF)
- Retirement Industry People Moves: The Wagner Law Group Appoints Chief Legal Office – January 21, 2022 (PDF)
- Attorney: DOL’s Interpretation of Fiduciary Rule More Expansive Than Ever – Foreside, November 11, 2021
- The Fiduciary Rule Rides Again – Speaker, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) – Recording available here
- Attorney: DOL’s Interpretation of Fiduciary Rule More Expansive Than Ever – Stephen Wilkes, WealthManagement.com, November 10, 2021 (PDF)
- Recordkeeper Consolidation: Plan Sponsor 30-MinuteSpecial Briefing – Speaker, Institutional Investment Consulting free webcast, September 14, 2021 – Click Here for details
- Asset Manager Mergers Can Warrant Fresh Looks From Plan Sponsors – Bloomberg Law, September 22, 2021 (PDF)
- ESOPs as a Succession Planning Tool: Delivering Massive Benefits to Participants, Complying With ERISA Requirements – Co-panelist, Strefford CLE webinar, June 10, 2021, 1:00 – 2:30 PM (EDT) – Click here for details
- Retirement Plan Fiduciary Training – Segment 2: Retirement Plan CommitteeGovernance Best Practices – Co-panelist, The Wagner Law Group and Institutional Investment Consulting live webcast, March 17, 2021, 2:00 PM (EDT) – Click here fore details
- Retirement Plan Fiduciary Training – Co-panelist, The Wagner Law Group and Institutional Investment Consulting live webcast, February 3, 2021, 2:00 PM (EST) – Recording Available Here – PowerPoint Presentation Available Here
- A Q4 2020 DC Plan Sponsor Litigation Update – Co-panelist, free webinar, sponsored by The Wagner Law Group, Institutional Investment Consulting and Euclid Specialty Managers, November 19, 2020, 2:00 PM (EST)
- The Rising Threat of Cyber Attacks: How to Keep Retirement Benefit Plans and Plan Administration Secure -Presenter, Segal webinar, October 21, 2020
- Trends in ESOP Litigation – Co-panelist, Celesq and West LegalEdcenter online course, September 2, 2020
- Retirement Plan Fiduciary Training: Segment 2 – Co-panelist, The Wagner Law Group and Institutional Investment Consulting complimentary live webcast, July 23, 2020 2:00 PM (EDT)
- New Bankruptcy Provisions That Can Impact Clients – Co-panelist with Izzy Goldowitz, Financial Experts Network live webinar, July 9, 2020 4:00 PM (EDT)
- Impact of the Economic Downturn on Single Employer Defined Benefit Pension Plans- Co-panelist with Jon Schultze, May 7, 2020, 1:00 PM (ET) –
- Impact of the Economic Downturn on Defined Contribution Pension Plans – Co-panelist with Jon Schultze, The Wagner Law Group Free Webinar, May 4, 2020, 1:00 PM (ET) –
- Lawyer Insights on SECURE Act Planning and Obligations – Co-panelist with Roberta Casper Watson, Financial Experts Network webinar, April 30, 2020, 12:00 – 1:15 PM (ET)
- ESOP Trustee and Independent Fiduciary Matters – Speaker, Hawkins Parnell & Young, LLP Business Succession Planning with ESOPs Seminar, January 28, 2020, Austin, TX. – More details here
- ERISA Litigation and Regulation: The Current Landscape and What the Future Holds – Panelist, The Knowledge Group live CLE webinar, December 16, 2019, 12:00 – 2:00 PM – More details here
- Retirement Plan Alternative Investments in Anticipation of Economic Volatility- FREE webinar sponsored by The Wagner Law Group, December 4, 2019, 1:00 – 2:00 PM (ET) – Recording available here
- New York Probe May Portend Shake-Up of Annuity-Heavy 403(b) Plans – Life Annuity Specialist, October 7, 2019
- Alternative Investment Markets – Steve Wilkes, speaker, International Foundation of Employee Benefits Plans 65th Annual Employee Benefits Conference, October 20 – 23, 2019, San Diego Convention Center, San Diego, CA – More details here
- Fall Benefits Briefing – Webinar panelist with Thonas Clark, Jr., Izzy Goldowitz, Mark Poerio, Susan Rees and guest, Chris Condeluci, The Wagner Law Group Free Webinar, September 25, 2019 – Recording available here
- Supreme Court Decision ‘Greatly Expands’ SEC 10b-5 Liability – PLANADVISOR, April, 12, 2019
- Regulators signal end to de facto, 10-year grace period for automated advisors and other digital high flyers even if ‘perp walk’ satisfies more than disgracing a robot – RIABiz, March 1, 2019
- ERISA Independent Fiduciary: When and Why to Use One -speaker, Financial Planning Association of Metro New York 20th Annual Forum, April 29, 2019, New York, NY – More details here
- SEC/DOL/State Fiduciary Regulations – Speaker, Due Diligence Works’ 2019 Annual Compliance & Supervision Conference, April 3 – 4, 2019, Wyndham Grand, Clearwater, FL – More details here
- The Wagner Law Group Employee Benefits Briefing – Moderator, with Izzy Goldowitz, Candace Quinn and Susan Rees, FREE webinar, March 28, 2019, 1:00 – 2:00 PM (ET) – Recording available here – Powerpoint slides available here
- Broker-Dealer Private Placements – The Wagner Law Group Free Investment Management Law Webinar, March 19, 2019, 12:00 to 1:00 PM (EST) – Recording available here
- Fiduciary Regulations: Year in Review -Stephen Wilkes and Livia Aber, FREE Wagner Law Group Webinar, November 28, 2018 – Recording available here and PowerPoint slides available here
- ERISA and the Independent Fiduciary: When and How Plans Should Use Them – Stephen Wilkes webinar, November 15, 2018, 12:00 PM (EST). Click here for recording
- The Evolution of Fiduciary Standard Rule – Stephen Wilkes, co-speaker at The National Society of Compliance Professionals (NSCP) National Conference, October 29 -31, 2018, Omni Atlanta Hotel at CNN Center, Atlanta, GA – More details here
- The Fiduciary Responsibility Rules -Stephen Wilkes, speaker at the Great Lakes TE/GE Council meeting, October 19, 2018
- Regulatory Issues and Concerns –Stephen Wilkes, speaker at the Financial Planning Association’s 2018 Annual Conference, October 3 – 5, 2018, Hyatt Regency, Chicago, IL – More details here
- Senior Investors: Best Practices and Initiatives – Stephen Wilkes, co-speaker on a webinar sponsored by National Compliance Services (“NCS”), June 5, 2018 – Watch Steve’s presentation here
- What You Have to Know from Washington D.C. – Legislation, Regulation, and Judicial Rulings – Stephen Wilkes, speaker, 2018 FPA NorCal Conference, May 29 – 30, 2018, The Palace Hotel, San Francisco, CA.
– More details here - Regulatory Focus on Share Class Selection in 2018 – Steve Wilkes, speaker, Wells Fargo Clearing Services First Clearing Compliance & Risk Management Forum, The Chase Park Plaza Royal Sonesta Hotel, St. Louis, MO, April 5-6, 2018
- SEC REBOOTS FOCUS ON ROBO-ADVISERS – Investment Law FREE Webinar, Tuesday, February 27, 2018 1:00 pm, Eastern Time
– Watch Steve’s Presentation here
– View/Download Steve’s PowerPoint presentation here - DOL Rule Faces Legal Assault Over Scottrade Charges – Financial Advisor IQ (Financial Times), February 21, 2018
- State Securities Cops Filling In For Feds On Fiduciary Beat – Law360, February 20, 2018
– View this article in .PDF format - Lawsuit Appellants: State Case Against Scottrade Highlights Why DOL Rule Needs to Go – WealthManagement.com, February 20, 2018
- Fee Transparency on SEC’s 2018 Hit List – WealthManagement.com, February 7, 2018
- Wrap-Fee Programs: What Sayeth The SEC?- Investment Law Webinar, Thursday, January 25, 2018 12:00 pm, EST
– Watch Steve’s Presentation here
– View/Download Steve’s PowerPoint presentation here - Cutting through the red tape of adviser regulation is tricky – Investment News, January 20, 2018
- Finra advances proposals to clarify outside business activities, churning rules, Investment News, December 21, 2017
- Steve Wilkes interviewed on Radio Entrepreneurs, December 2017
- Review of Current SEC and FINRA Guidance on Advising Senior Investors – Webinar, December 7, 2017
– Watch Steve’s Presentation here
– View/Download Steve’s PowerPoint presentation here - Prohibited Transactions: What Are They, When Can They Occur and What to Do When One Happens – Steve Wilkes, co- speaker at The SouthWest Benefits Association’s 28th Annual Benefits Compliance Conference, November 2 – 3, 2017, Crowne Plaza, Dallas, TX
– More details here - Regulatory/Litigation Update – Stephen Wilkes, speaker at the Best of Plan Sponsor National Conference, November 1, 2017, Balboa Bay Resort, Newport Beach, CA
– Register here
– More details here - Review of SEC Risk Alert Concerning the Advertising Rule of the Advisers Act and Performance Reporting Issues – Stephen Wilkes and Livia Aber webinar, October 19, 2017
– Watch Steve & Livia’s Presentation here
– View/Download Steve & Livia’s PowerPoint presentation here - The Fiduciary Standard of Care – With or Without the DOL – Steve Wilkes, speaker at the 2017 National Society of Compliance (NSCP) National Conference, October 16 -18, 2017, Omni Shoreham Hotel, Washington, D.C.
– More details here - Southern California Compliance Group’s Third Quarter Members Meeting – Stephen Wilkes, speaker, Tuesday, August 29, 2017, 11:30 AM – 1:30 PM, at Pacific Life Insurance Company, 700 Newport Center Dr., 3rd Floor, Newport Beach, CA
- 4 Questions to Ask Your Financial Adviser Now – Consumer Reports, June 9, 2017
- DOL Fiduciary Rule – Steve Wilkes, speaker at the NCS Regulatory Compliance Annual Compliance Conference, June 21, 2017 to June 23, 2017, at the Eau Palm Beach Resort & Spa, Palm Beach, FL
- DOL Virtual Roundtable – Stephen Wilkes and Livia Aber co-moderate a discussion on the implementation of the Department of Labor’s new fiduciary rule for NSCP (National Society of Compliance Professionals), June 14, 2017, at 1:00 PM (ET)
- To BIC or not to BIC – Steve Wilkes, speaker at the Alternative & Direct Investment Securities Association 2017 Spring Conference, April 3, 2017 to April 5, 2017, at Hyatt Regency New Orleans, LA
- DOL Virtual Roundtable – Steve Wilkes and Livia Aber co-moderate discussion on the implementation of the Department of Labor’s new fiduciary rule for NSCP (National Society of Compliance Professionals), January 18, 2017, February 8, 2017, March 1, 2017 and March 22, 2017, at 1:00 PM (ET)
- Advice on the Bice – Livia Q. Aber and Stephen P. Wilkes, Wolters Kluwer’s Practical Compliance & Risk Management for the Securities Industry, Vol. 10, No. 1, January-February 2017
- DOL Fiduciary Rule Webinar – Steve Wilkes, moderator, Webinar for National Compliance Services (“NCS”), December 7, 2016
- DOL Fiduciary Rule – Steve Wilkes, speaker, National Association of Personal Financial Advisors (NAPFA), West Coast Annual Meeting (Berkeley, CA), November 13, 2016
- ERISA Lawsuit Implications for Plan Sponsor Fiduciaries and Broker-Dealer Compliance Panel – Steve Wilkes, speaker, 2016 National Planning Holdings, Inc. Annual Retirement Symposium, at the Omni Austin Hotel Southpark (Austin, TX), November 2, 2016
- DOL Fiduciary Rule – with an emphasis on the rule’s effect on private fund ERISA fiduciaries – ACA Compliance Group’s Fall 2016 Compliance Conference at the Ritz-Carlton in Marina Del Ray, CA, October 27, 2016
- DOL Fiduciary Rule 101, Fundamental Overview – 2016 National Society of Compliance Professionals (NSCP) National Conference (Washington, DC), October 17-19, 2016
- Retirement industry providers are preparing careful responses to the fiduciary rule – PlanAdviser, September/October 2016
- Understanding DOL Rule Impacts on the Financial Planning Process – Webinar for North Highland Worldwide Consulting, September 14, 2016.
- Wagner Law Group Expands its ERISA Team – 401kWire, July 21, 2016
- Workflows: Law Firm News for July 15, 2016 – Bloomberg BNA, July 18, 2016
- Retirement Industry People Moves – PlanSponsor, July 8, 2016
- Wagner Law Group Adds Stephen P. Wilkes as Partner – CityBizList, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – Yahoo! Finance, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – Financial Content, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – BenefitsLink, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – Veooz, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – 4-traders.com, July 5, 2016
- Premier ERISA Law Firm Reinforces its Title I Fiduciary Law Practice With the Appointment of Stephen P. Wilkes as Partner – StockGuru, July 5, 2016
- The Wagner Law Group Appoints Stephen P. Wilkes as Partner – July 5, 2016
- Fiduciary Regulation – Two Presentations for Jackson National Life, June 13, 2016 (Denver, Colorado) and June 16, 2016 (Atlanta, GA)
- Fiduciary Regulation – Presentations for the Retirement Management Executive Forum (Chicago, Illinois), June 8–9, 2016
- Review of the new fiduciary rule for retirement advisers – Stephen Wilkes, Presentation for The Financial Women of San Francisco and the Financial Planners Association of San Francisco, June 7, 2016
- Panel on the new DOL Fiduciary Regulation – Presentation for Pensions & Investments and Investment News, April 28, 2016
- Webinar on the new DOL Fiduciary Regulation – National Society of Compliance Professionals (NSCP) and LIMRA, April 28, 2016
- Fiduciary Regulation – LPL Retirement Partners Symposium (New Orleans, LA), April 26, 2016
- Final Look at DOL Fiduciary Proposal – A Game Changer – Webinar for National Society of Compliance Professionals, March 10, 2016
- Securities Law Primer for ERISA Professionals – Webinar for American Law Institute, February 18, 2016
- Presentation at Northern California Chapter of International Society of Employee Benefit Specialists (ISEB) – December 8, 2015
- ERISA Cyber Security – The Next Frontier – ERISA Webinar (35 minutes), November 18, 2015
- What You Need to Know About Investment Advisory Agreements – ERISA & Investment Management Law Webinar, October 1, 2015
- Retirement Plan Controlled Group and Affiliated Service Organization Rules – ERISA Webinar (Approximately 30 minutes), August 26, 2015
- Gaps remain in perception of cyber threats – Pensions & Investments, August 24, 2015
- Overview of Retirement Plan Qualification Rules – ERISA Webinar (30 minutes), August 4, 2015
- NAIC to Examine DOL’s Proposed IRA Annuity Rules – InsuranceNewsNet, July 8, 2015
- Senate, House OK Bills to Defund Fiduciary Push – InsuranceNewsNet, June 24, 2015
- DOL Proposal On ERISA Fiduciary Status For Investment Advisers – ERISA & Investment Management Law Webinar for National Compliance Services (“NCS”) (50 min), June 18, 2015
- Cybersecurity Policy and Procedure: Legal Considerations for Written Policy Statement – ERISA & Investment Management Law Webinar (30 min), April 16, 2015
- Hedge Fund Due Diligence: ERISA and Other Legal Concerns – ERISA & Investment Management Law Webinar (30 min), March 26, 2015
- Your Independent Contractors Are Not Who You Think They Are: Employee Status Matters – Employment Law Webinar, March 5, 2015
- 2015 Regulatory Kickoff for Investment Advisers and Broker Dealers – Investment Management Law Webinar (30 min.), February 19, 2015
- Performance Advertising Issues for Investment Advisers – Investment Management Law Webinar, January 22, 2015
- ERISA Whistle Blowers – Pension Risk Matters, November 18, 2014
- A Full View of CIF: Securities Law, Banking & ERISA – ERISA Webinar, November 12, 2014
- More on SEC and FINRA Developments – ERISA Webinar, October 16, 2014
- Trending Topics for Registered Investment Advisors – ERISA Webinar, September 10, 2014
- Hot Topics for Advisors and Plan Sponsors – ERISA Webinar, July 23, 2014
– View Stephen Wilkes’ PowerPoint presentation (in .pdf format) here - Using Insurance Inside of Deferred Compensation Agreements – ERISA Webinar, June 19, 2014
- Service Agreements with Plans: An In-Depth Analysis – ERISA Webinar, May 15, 2014
- Advantages and Traps with Bonus Compensation for Non-Profit – Executive Compensation Agreements – ERISA Webinar, April 10, 2014
- Section 457(f): Planning for Your Non-Profit Clients – ERISA Webinar, March 20, 2014
- Use of Social Media: Should We Worry about ERISA? – ERISA Webinar, February 6, 2014
- Should You have a Formal ERISA Compliance Policy? – ERISA Webinar, December 12, 2013
Television Appearances
- Attorney: DOL’s Interpretation of Fiduciary Rule More Expansive Than Ever – WealthManagement.com, November 10, 2021 (PDF)
Education
- Emory University School of Law, Atlanta, Georgia
- J.D.
- RIBA, Political Science, University of Rhode Island, Kingston, RI. 1976
- Emory University
- M.B.A.
Bar Admissions
- California
- New York
- Massachusetts – Inactive
- Texas
- U.S. Tax Court
- U.S. Court of Federal Claims
- U.S. District Court Southern District of New York
Professional Associations
- American Bar Association
- Planning Committee, Membership Committee, Western Pension Benefit Conference, San Francisco, CA
- JCC Marin, Board member
- Speaking engagements for organizations including Western Pension Benefit Conference; Goldman Sachs; Texas Society of CPA’s; CFA Society of San Francisco; Black Rock; JP Morgan, Harvard Club; LIMRA; Natixis; Loring Ward Financial Services; FINRA Roundtable; SEC Regional Conference; American Bar Association; Yale Club.
- Editor and Contributing Author to “Roadmap to Executive Compensation”, THE BUSINESS LAWYER
Pro-Bono Activities
- Board Member, San Francisco YMCA
Past Positions
- Drinker, Biddle & Reath LLC, San Francisco, California, Attorney, 2008 to 2012
- Financial Engines, Inc., Palo Alto, Senior Counsel, 2006 to 2008
- Stephen P. Wilkes, San Francisco, 2004 to 2006
- ERISA Consulting
- Merrill Lynch, San Francisco, 2002 to 2004
- The LTV Corporation (NYSE), Cleveland, Assistant General Counsel, 1997 to 2001
- Merchants Suisse Inc.,New York, General Counsel, 1993 to 1997
- Hughes And Luce, Dallas, Partner, 1991 to 1993
- Winstead, Sechrest & Minick, Dallas, Associate, Partner, 1983 to 1991
- Gordon Hurwitz, New York, Associate, 1980 to 1983
Law Alerts
Retirement Security Rule Stayed
Last week was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans for Consumer Choice, placed a stay on the DOL’s enforcement of its 2024...
Reg S-P Amended Around Cybersecurity
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...
The Rise of Fiduciary Health Plan Litigation
By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on prescription drugs.[1] CMS also reports that in 2022, 18% of annual health care...
Department of Labor’s New Investment Advice Fiduciary Rule and Related Exemption Amendments
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the Federal Register, amending a rule that has been unchanged since it was first...
Attention Investment Managers: QPAM Matters for Immediate Review
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...