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Article

Proskauer Rose LLP | USA | 15 Mar 2018

Tenth Circuit Upholds DOL’s Authority to Impose New Conditions for PTEs and Leaves Door Open for Changes to Fiduciary Rule

The Tenth Circuit recently affirmed the Department of Labor’s authority to impose new conditions for exemption from prohibited transaction rules with

Article

Proskauer Rose LLP | USA | 3 Nov 2010

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)

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.

Article

Proskauer Rose LLP | USA | 27 Oct 2010

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)

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.

Article

Proskauer Rose LLP | USA | 7 Jun 2010

District court ruling in stock-drop litigation potentially breathes new life into Section 404(c) safe harbor defense

In their continued efforts to combat the rising tide of employer stock-drop lawsuits, plan fiduciaries have frequently relied on a defense based on ERISA 404(c), 29 U.S.C. 1104(c).

Article

Proskauer Rose LLP | USA | 15 Jan 2010

A year-end review on the enforceability of state bars to discretionary clauses

In 2009, several courts considered whether state laws that bar discretionary clauses in plan provisions governing the administration of benefit claims were preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") and, if so, whether they were saved from preemption by virtue of ERISA’s savings clause.

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