fiduciary duty

The Challenges of ESG Investing
New proposed rules for ESG investing were published in 2021. In November of 2022, the Department of Labor issued final regulations. Over 200 comments were submitted regarding the proposed regulations, and the majority were favorable. The new rules largely follow the proposed rule but with a few significant changes. The rule follows an executive order  Read More →
Is Participant Choice a “Get Out of ERISA Court Free Card”?
Finally, something everyone could agree on — at least on the Supreme Court of the United States. The question before the court in Hughes v. Northwestern University was the plausibility of a breach of fiduciary duty claim stated by current and former participants in two university retirement plans. SCOTUS ruled that the petitioners in the  Read More →
IRS/DOL Audits Are Increasing Dramatically: Are You Ready?
It’s no secret that the Internal Revenue Service (IRS) and Department of Labor (DOL) have recently been ramping up retirement plan audits. While an audit may initially seem overwhelming, if you are properly prepared, it can be a relatively quick and painless process. If/when you are notified of an audit, early preparation can help streamline  Read More →

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