By Seth Gaudreau and Stephen Wilkes SEC Commissioner Crenshaw reminded us last year that, despite the poetic beauty of Shakespeare’s observation that, “A rose by any other name would smell as...
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The Retirement Security (Nee Fiduciary) Rule Rides Again
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new...
ERISA: Defense Strategies to DOL Litigation and Investigations
ERISA: Defense Strategies to DOL Litigation and Investigations - Stephen Wilkes, panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 - 1:30 PM (EDT)
SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
SEC’s Recent Marketing Rule Risk Alert Identifies Additional Areas of Focus During Compliance Examinations
By Seth Gaudreau and Stephen Wilkes On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (the “Division”) published a risk alert (the “Risk Alert” - found here)...
The Who, When and Why of Independent Fiduciaries
The Who, When and Why of Independent Fiduciaries - John Sohn and Stephen Wilkes, Benefits Magazine, May/June 2023
SEC Issues New Guidance For Investment Advice Obligations
By Stephen Wilkes and Seth Gaudreau On April 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) published a Staff Bulletin (the “Bulletin”) reiterating the care obligation standards of...
Expectations of the Fiduciary and Retrospective Review
Expectations of the Fiduciary and Retrospective Review - Stephen Wilkes, panelist, National Society of Compliance Professionals (NSCP) Virtual Educational Seminar, May 3, 2023 - Click here for details
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
DOL “Clarifies” Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
By Stephen Wilkes, Seth Gaudreau and Susan Rees A recent Information Letter from Eric Berger, Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations...
A Guide to the SEC’s Reg BI Bulletins
A Guide to the SEC’s Reg BI Bulletins - Stephen Wilkes and Seth Gaudreau, PLANADVISER, August 25, 2022 (PDF)
SEC Provides Further Guidance in its Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflict of Interest
By Stephen Wilkes and Seth Gaudreau The U.S. Securities and Exchange Commission (“SEC”) recently published a Staff Bulletin (the “Bulletin”) providing further fiduciary standards guidance for...
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule - Financial Advisor IQ, August 11, 2022 (PDF)
Department of Labor (“DOL”) Proposes to “Update” QPAM Exemption
One of the most frequently used of the prohibited transaction class exemptions is Prohibited Transaction Class Exemption 84-14, which provides an exemption for Qualified Plan Asset Managers (the...
ERISA World Awaits Next EBSA Move on Proposed Restrictions on the Prohibited Transaction Exemptions Process
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (“DOL”) published its proposed amendments to regulations for the procedures by...
Important Pension Issues Likely to Surface: Webinar
Important Pension Issues Likely to Surface - Israel Goldowitz and Stephen Wilkes, panelists, American Bankruptcy Institute webinar, June 13, 2022 - Click here for details
DOL Proposes Tougher Prohibited Transaction Exemption Procedures
DOL Proposes Tougher Prohibited Transaction Exemption Procedures - Stephen Wilkes and Mark Greenstein, Bloomberg Tax, June 6, 2022 (PDF)
Are You Ready for the SEC’s New Marketing Rule?
Are You Ready for the SEC’s New Marketing Rule? – Seth Gaudreau and Steve Wilkes, National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
White Paper: SEC Marketing Rule
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found...
November SEC Advertising Rule Compliance Date Fast Approaching
November SEC Advertising Rule Compliance Date Fast Approaching – Seth Gaudreau and Steve Wilkes, PLANADVISER, May 5, 2022 (PDF)
White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended...
Webinar – Mandates Beyond the Advisers Act: Anti-Money Laundering, ERISA and ’34 Act Section 13 Reporting for Investment Advisers
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ERISA Considerations In Using Brokerage Window Investing – LAW360
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
DOL “Clarifies” Guidance on Private Equity Investments In Defined Contribution Plans
It has been a frequently stated observation that the policy position of the Department of Labor (“DOL”) on pension issues may vary a bit with the party occupying the White House. A recently issued...
SEC Expects to Focus on Cybersecurity in 2022
The U.S. Securities and Exchange Commission (“SEC”) has focused on cybersecurity under the Biden administration and it is expected to be one of its top priorities for the coming year. The SEC’s...
Cybersecurity A Major SEC Focus in 2022
Cybersecurity A Major SEC Focus in 2022 - Seth Gadreau and Stephen Wilkes, 401(k) Specialist, January 26, 2022 (PDF)
Stephen P. Wilkes Appointed as Chief Legal Officer of The Wagner Law Group
We are delighted to announce that partner, Stephen P. Wilkes, has been designated as our firm’s Chief Legal Officer. Excellent leadership structure is vital as our firm continues to grow, and Steve...
The Fiduciary Rule Rides Again
The Fiduciary Rule Rides Again - Stephen Wilkes, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) - Recording available here
REG BI Compliance Deadline; Financial Relief Considerations for RIA Firms
By Stephen Wilkes, Livia Quan Aber and Seth Gaudreau I. The SEC Will Not Delay Reg BI and Form CRS Compliance Date Last week, the U.S. Securities and Exchange Commission (“SEC”) Chairman, Jay...
PANDEMIC and Broker-Dealer/Recordkeepers and Advisors… Chances Are, Your Business Continuity Plan Did Not Fully Address This…
By Stephen Wilkes, Kimberly Shaw Elliot and Seth Gaudreau In uncertain times like these where the novel coronavirus or COVID-19 seems to be impacting everything, broker-dealers, investment advisory...
SEC Proposed Amendments to Advertising and Solicitation Rules
In early November 2019, the Securities and Exchange Commission ("SEC") released proposed amendments to the advertising rule and solicitation rule under the Investment Advisers Act of 1940 ("Advisers...