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Avoiding Fiduciary Conflicts of Interest
  • Holland & Hart LLP
  • USA
  • July 16 2018

It is very difficult for a trustee to have conflicts of interest without breaching the duty of loyalty. We typically think of trustee conflicts as


DOL Fiduciary Duty Rule Officially Dead
  • Schulte Roth & Zabel LLP
  • USA
  • July 5 2018

It’s official - after months of uncertainty, the DOL regulation that expanded the definition of who is a fiduciary in the context of marketing


A Dichotomy of Fiduciary Duties: Which Hat Does a Trustee Wear While Managing the Trust’s Business?
  • McCarter & English LLP
  • USA
  • July 2 2018

Where a fiduciary serves as trustee and simultaneously manages a business entity owned by the trust, the fiduciary serves in dual fiduciary capacities


Fifth Circuit issues mandate that vacates the ERISA fiduciary rule: What plan sponsors should do next
  • Porter Wright Morris & Arthur LLP
  • USA
  • July 2 2018

After years of revising regulations and even more years of legal battles, the Department of Labor’s (DOL) 2016 ERISA fiduciary regulations (the


The End of the DOL’s Fiduciary Rule
  • Bradley Arant Boult Cummings LLP
  • USA
  • June 27 2018

On June 21, 2018, the Fifth Circuit Court of Appeals issued a mandate vacating the controversial fiduciary rule issued by the U.S. Department of Labor


As DOL Fiduciary Rule is Officially Vacated, Focus Shifts to SEC
  • Proskauer Rose LLP
  • USA
  • June 26 2018

After nearly a decade in the making, the Department of Labor’s fiduciary rule appears to be officially dead. On June 21st, the U.S. Court of Appeals


Regulation Best Interest: The SEC’s Responds to the DOL’s Fiduciary Rule
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 26 2018

On April 18, 2018, the Securities and Exchange Commission published its proposed Regulation Best Interest. Regulation Best Interest would require


Rod Rosenstein on Lawyers' Fiduciary Duties
  • McDermott Will & Emery
  • USA
  • June 25 2018

In a recent speech, Deputy U.S. Attorney Rod J. Rosenstein offered an interesting and supportive overview of the fiduciary obligations of lawyers in


Update: 5th Circuit Confirms Decision to Vacate DOL Fiduciary Rule
  • Katten Muchin Rosenman LLP
  • USA
  • June 25 2018

After much anticipation, the US Court of Appeals for the Fifth Circuit on Thursday confirmed its earlier decision to vacate the Department of Labor's


Fifth Circuit Mandate Officially Ends DOL Fiduciary Rule
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • June 25 2018

On June 21, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its order, or mandate, putting into effect its earlier decision to vacate the