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Fiduciary Governance

BY John Iekel | 3/22/2015
“The reality is, retirement is the new health care. It’s a top-tier issue.” Starting with that observation by NAPA executive director Brian Graff, a spirited discussion... Read More
BY NAPA Net Staff | 3/17/2015
ERISA attorney Fred Reish has some thoughts on what he calls “the hottest ERISA issue of 2015.”In a recent blog post, he acknowledges that is the DOL’s proposal to expand the... Read More
BY NAPA Net Staff | 3/12/2015
A group of eight Republican senators, including the Chairmen of the Senate Finance Committee and the Senate Committee on Health, Education, Labor & Pensions (HELP), have expressed their concerns... Read More
It’s simple: Being a great fiduciary is a lot like being a great decision-maker. What matters most to the DOL and the courts is that a fiduciary is able to show the details of the decision-... Read More
BY NAPA Net Staff | 3/5/2015
The Labor Department has repeatedly claimed to be consulting with the Securities and Exchange Commission on its fiduciary reproposal — but a couple of key House Republicans would like to see... Read More
BY Michael Bushnell | 3/4/2015
Plan trustees who also serve as fiduciaries tend to make the same kinds of mistakes. Writing in the most recent issue of NAPA Net the Magazine, Steff Chalk offers some suggestions to help sponsors... Read More
BY NAPA Net Staff | 2/24/2015
“Don’t throw out the baby with the bathwater” is an old — perhaps worn-out — cliché, but nevertheless sometimes it’s apt. And as the Obama administration... Read More
BY Nevin E. Adams, JD | 2/23/2015
Today President Obama, as expected, will throw his support behind the Department of Labor’s controversial fiduciary rule reproposal — but the details of the proposal remain elusive.... Read More
BY Nevin E. Adams, JD | 2/23/2015
Exceptions should not be the rule, at least not when it comes to the Department of Labor’s fiduciary regulation reproposal, according to a new white paper from the U.S. Chamber of Commerce.As... Read More
BY Nevin E. Adams, JD | 2/21/2015
The Department of Labor’s much-anticipated fiduciary reproposal drew intense criticism Feb. 20 from SEC Commissioner Daniel M. Gallagher.Gallagher’s comments, made at the “SEC Speaks in 2015” event,... Read More
BY NAPA Net Staff | 2/10/2015
If the Senate Committee on Homeland Security and Government Affairs has its way, the Department of Labor has some ‘splaining to do on its fiduciary regulation reproposal.In a Feb. 5 letter... Read More
BY NAPA Net Staff | 1/30/2015
The draft White House memo about the DOL's pending fiduciary definition proposal continues to engender negative reaction. Tim Pawlenty, CEO of the Financial Services Roundtable, weighed in on Jan. 28... Read More
BY NAPA Net Staff | 1/21/2015
Still hoping that the latest iteration of the fiduciary rule proposal would preserve a broad seller’s exemption for the small retirement plan market or allow retirement plan advisors to continue to... Read More
BY Nevin E. Adams, JD | 1/20/2015
Rumor has it that the Department of Labor’s fiduciary reproposal will resurface shortly, and that the president may even offer it support in the State of the Union Address.While we don’t... Read More
BY Fred Barstein | 11/10/2014
In an effort to gain more revenue and control over a plan, some advisors have taken to creating their own investments and recommending themselves or charging more as a 3(38) fiduciary. But according... Read More
BY John Ortman | 10/28/2014
Despite lacking any regulatory authority to do so, the Department of Labor has made an issue of fiduciary training over the last few years. The reason, according to Bryan Cave's Sheldon H. Smith... Read More
BY Michael Bushnell | 10/28/2014
It's been a year since DOL's Phyllis Borzi, addressing the 2013 ASPPA Annual Conference, provided details about how the department planned to proceed with its regulatory initiative reshaping... Read More
BY Fred Barstein | 9/30/2014
Most of the discussion these days is about outsourcing investment fiduciary duties under ERISA section 3(38), which transfers full discretion or limited discretion to the co-fiduciary under section 3... Read More
BY Fred Barstein | 9/24/2014
Realizing that the opposition has outgunned their lobbying efforts, advocates for an SEC fiduciary rule admit that they are losing the battle “badly” on trying to get the SEC to... Read More
BY Nevin E. Adams, JD | 9/19/2014
Congress is heading out of town, but that hasn’t stopped a consortium of unions and consumer groups from sending a “Dear Member of Congress” letter lending their support to... Read More

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