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Perspectives on employee benefits, executive compensation and ERISA litigation to help you attract and retain talent.


Is the Fiduciary Rule Dead?

On March 15, 2018, the Fifth Circuit Court of Appeals held that the Department of Labor’s revised definition of a “fiduciary” was invalid, and vacated the DOL’s “Conflict of Interest” regulations, commonly known as the “Fiduciary Rule.”

ERISA Express Preemption Superpower Beats Iowa Pharmacy Benefits Manager Law

Last year, the U.S. Supreme Court gave ERISA’s express preemption provision back its superpower, in Gobeille v. Liberty Mutual Insurance Company.

DOL Final Rule: ‘Fiduciary’ Definition; Conflict of Interest Rule for Retirement Investment Advice

The Department of Labor has rolled out its final ERISA fiduciary rule and related guidance, and our friends at have done a great job aggregating links to 1,045 pages of regulations and other documentation.  Not a typo: 1,045 pages.  Click to link here.