by Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974...
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Major ERISA Reform Bill Moves Forward
By Ari Sonneberg and Barry Salkin The U.S. House of Representatives has passed the Protecting Prudent Investment of Retirement Savings Act (H.R. 2988), which proposes substantial amendments to the...
Tip Tip Hooray? – Have Proxy Advisors Hit a Tipping Point? Trump Administration Issues Executive Order on Proxy Advisors
by Andrew L. Oringer After years of handwringing by those opposed to the influence of proxy-advisory firms, are the storm clouds over those firms about to release a torrent? The most recent bolt of...
Pontera’s Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an ‘Investor Rights Issue,’ Falls Flat
Pontera's Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an 'Investor Rights Issue,' Falls Flat - Ari Sonneberg, RIABiz, December 1, 2025 (PDF)
Fiduciary Liability Critical in Russell Investments ERISA Case
Fiduciary Liability Critical in Russell Investments ERISA Case - Marcia Wagner, PLANSPONSOR, October 16, 2025 (PDF)
Waiver of ERISA Rights Must Be Reviewed With “Special Scrutiny”
In Shuman v. Microchip, the U.S. Court of Appeals for the Ninth Circuit has established criteria for the “special scrutiny” required when an employee waives his or her ERISA-covered benefit rights....
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits - Andrew Oringer, Law360, May 9, 2025 (PDF)
How Fiduciary Duty and Cognitive Decline Intersect
How Fiduciary Duty and Cognitive Decline Intersect - Marcia Wagner, PLANSPONSOR, May 1, 2025 (PDF)
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk
By Stephen Wilkes and Seth Gaudreau The retention of an independent fiduciary plays a critical role not only to resolve a conflict in a prohibited transaction sense, but to provide an appropriate...
Is Investment Performance a Fiduciary Duty?
Is Investment Performance a Fiduciary Duty? - Marcia Wagner, PLANSPONSOR, March 3, 2025 (PDF)
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure - Thomas Clark, Jr., NAPA, December 21, 2024 (PDF)
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper - Marcia Wagner, FiduciaryNews.com, December 10, 2024 (PDF)
Claims Processor Is Not ERISA Plan Fiduciary
The U.S. District Court for the District of Massachusetts, in Shea v. Unum Life Ins. Co, has ruled that a claims processor is not an ERISA fiduciary because it does not have discretionary powers...
The Case for Professional Retirement Plan Fiduciary Services
The Case for Professional Retirement Plan Fiduciary Services - Marcia Wagner, 401kTV, October 31, 2024 (PDF)
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays - Marcia Wagner, 40(k) Specialist, August 2, 2024 (PDF)
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...
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum - Thomas Clark, Jr., NAPA, July 31, 2024 (PDF)
4 Takeaways After Courts Block ERISA Advice Regs
4 Takeaways After Courts Block ERISA Advice Regs - Andrew Oringer, Law360, July 29, 2024 (PDF)
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm,...
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...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule - Andrew Oringer, Ignites, April 10, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 3
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax - Andrew Oringer, PLANSPONSOR, January 17, 2024 (PDF)
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 2
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by,...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
CapitalROCK: Retirement Security Rule Review by Wagner Law Group
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
3 Takeaways From DOL’s New Fiduciary Proposal
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
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...
The Future Is Now for ERISA Fiduciary Duties Around Plan Data
The Future Is Now for ERISA Fiduciary Duties Around Plan Data - Michael Schloss, Bloomberg Law, September, 27. 2023 (PDF)
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
New Fiduciary Rule Sent to OMB By Department of Labor
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)