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Results:1-10 of 56

Second Circuit Addresses ERISA Plan Participation in Securities Lawsuit Settlements
  • Proskauer Rose LLP
  • USA
  • November 1 2016

In many class action securities litigations, the company's own pension plans are significant shareholders, by virtue of the plans' investment in


Private Investment Fund Managers and Other Investment Advisers May Be Affected by the U.S. Department of Labor’s New Fiduciary Rules
  • Proskauer Rose LLP
  • USA
  • July 20 2016

On April 6, 2016, the U.S. Department of Labor (DOL) issued its highly anticipated final rule addressing when a person is considered to be a


Senator Warren Leads Coalition to Expand Scope of Limitations on Executive Compensation Tax Deductions
  • Proskauer Rose LLP
  • USA
  • July 7 2016

Section 162(m) of the Internal Revenue Code generally limits the deductibility of compensation paid in excess of $1 million to the chief executive


“Never mind” DOL withdraws proposed regulation on the definition of an ERISA “fiduciary”
  • Proskauer Rose LLP
  • USA
  • November 7 2011

In October 2010, the Department of Labor (DOL) issued a proposed regulation setting forth a new, broader interpretation of the statutory definition of a “fiduciary” under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001, et seq.


Déjà vu the Seventh Circuit again rules in an excessive fee case, expanding on Hecker v. Deere, and taking a leading role in the field
  • Proskauer Rose LLP
  • USA
  • October 5 2011

This month, we examine two recent circuit court opinions.


Looming potential downgrade of U.S. government securities may require action by employee benefit plan fiduciaries
  • Proskauer Rose LLP
  • USA
  • August 1 2011

As our Great Nation breathed what for most of us was a huge collective sigh of relief yesterday evening, President Obama and Congressional leaders finally announced a deal for emergency legislation to end the stalemate over the nation's "debt ceiling" crisis.


Peabody v. Davis: what is a fiduciary to do?
  • Proskauer Rose LLP
  • USA
  • June 7 2011

In Peabody v. Davis, Nos. 09-3428, 09-3452, 09-3497, 10-1851, 10-2079, 10-2091, 2011 WL 1364427 (7th Cir. April 12, 2011), the Seventh Circuit ruled that the fiduciaries of an Eligible Individual Account Plan (EIAP) plan breached their duty of prudence under ERISA by allowing the plan to remain heavily invested in stock of a closely held corporation when they knew the value of the company’s profit margin had substantially decreased due to regulatory changes.


U.S. Department of Labor issues final regulation on fiduciary requirements for participant disclosure in participant-directed individual account plans & a final amendment to the regulation under ERISA Section 404(c)
  • Proskauer Rose LLP
  • USA
  • November 3 2010

On October 14, 2010, the U.S. Department of Labor (“DOL”) issued a final regulation under the Employee Retirement Income Security Act of 1974 (“ERISA”) setting forth the fiduciary requirements for disclosure in participant-directed individual account plans, e.g., 401(k) plans.


U.S. Department of Labor issues final regulation on fiduciary requirements for participant disclosure in participant-directed individual account plans & a final amendment to the regulation under ERISA Section 404(c)
  • Proskauer Rose LLP
  • USA
  • October 27 2010

On October 14, 2010, the U.S. Department of Labor ("DOL") issued a final regulation under the Employee Retirement Income Security Act of 1974 ("ERISA") setting forth the fiduciary requirements for disclosure in participant-directed individual account plans, e.g., 401(k) plans.


Department of Labor considers expanding definition of ERISA under erisa for those providing investment advice
  • Proskauer Rose LLP
  • USA
  • October 25 2010

On October 21, 2010, the U.S. Department of Labor (the “DOL”) issued a proposed rule addressing when a person providing investment advice with respect to an employee benefit plan is considered a fiduciary under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).