New DOL Fiduciary Rule: Key Provisions of the New Regulations and Challenges for Counsel, Plan Sponsors, and Service Providers
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide employee benefits counsel in understanding the practical implications for retirement plan sponsors, advisers and other service providers of the U.S. Department of Labor’s (DOL) proposed regulation defining who is an investment advice fiduciary for purposes of ERISA. The panel will examine key provisions of the proposed regulation, as well as proposed amendments to prohibited transaction class exemptions available to investment advice fiduciaries and address potential compliance challenges.
Outline
- Overview of recent attempts by DOL to revise the regulatory definition of investment advice fiduciary and related litigation
- Overview of new proposed fiduciary rule
- Overview of proposed amendments to class exemptions
- Key considerations for plan sponsors, advisers and other service providers
- Compliance planning
- Implementation
Benefits
The panel will discuss these and other key issues:
- Unpacking the most recent DOL proposal and key issues for plan sponsors, advisers and other service providers
- The proposed definition of fiduciary investment advice and how it differs from the current five-part test
- How the proposed rule would impact rollovers and common investment transactions
- How the proposed amendments to prohibited transaction class exemptions would impact the exemptive relief available to investment advice fiduciaries
- Compliance planning tactics
Faculty
David C. Kaleda
Principal
Groom Law Group
Mr. Kaleda's broad range of experience includes handling fiduciary matters impacting plan sponsors, investment... | Read More
Mr. Kaleda's broad range of experience includes handling fiduciary matters impacting plan sponsors, investment and other fiduciary committees, investment managers/advisors, recordkeepers, broker-dealers, banks and other financial services firms. He advises clients on the avoidance and resolution of prohibited transaction issues, the structuring of alternative investment funds, and day-to-day compliance issues arising under ERISA and the Internal Revenue Code. He also counsels clients on compliance with the Department of Labor’s final “investment advice” regulation and related exemptions.
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David C. Olstein
Partner
Hogan Lovells
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA and the prohibited transaction... | Read More
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA and the prohibited transaction excise tax provisions of the Internal Revenue Code. He has an extensive background advising financial institutions, plan sponsors, and investment committees on ERISA matters, including compliance with ERISA’s fiduciary duty and prohibited transaction rules, in connection with the investment of pension plan assets. Mr. Olstein regularly advises fund sponsors on the application of ERISA’s “plan asset” rules as they relate to the establishment and operation of private investment funds. From representing issuers and underwriters in connection with marketing securities to investors, to advising plan sponsors and independent fiduciaries in connection with the selection of annuity providers, he offers substantial experience at the intersection of ERISA and fiduciary responsibility. Mr. Olstein is an active member of the American Bar Association’s Section of Taxation and the New York City Bar Associati
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Alexander P. Ryan
Partner, Executive Compensation & Employee Benefits
Willkie Farr & Gallagher
Mr. Ryan is a partner in the Executive Compensation & Employee Benefits Department, specializing in ERISA Title I... | Read More
Mr. Ryan is a partner in the Executive Compensation & Employee Benefits Department, specializing in ERISA Title I matters. He advises plan sponsors and plan service providers with respect to a range of fiduciary issues arising under ERISA and the Internal Revenue Code, including Department of Labor guidance and regulations. Mr. Ryan's work focuses on a variety of investment-related matters, including issues arising under the fiduciary and prohibited transaction provisions of ERISA related to the structure, design, and implementation of various investment products, such as private equity, real estate, hedge funds, commodity and real assets funds, and many others. He has substantial experience applying ERISA’s prohibited transaction rules to these types of investment products. In addition to his transactional work, he represents clients in DOL enforcement actions and investigations. Mr. Ryan has been recognized as a leading lawyer in Chambers USA (2023) for Employee Benefits & Executive Compensation (District of Columbia).
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