DOL's Fiduciary Rule - Death By a Thousand Cuts
LexisNexis" Law360 (Sept. 11, 2017) (piece co-written by the author covering many of the same topics subsequently published in Financial Times' Ignites ("Drip, Drip, Drip...The Tortuous Path of ERISA's Fiduciary Rule" (Oct. 17, 2017))
7 Pages Posted: 16 Nov 2017 Last revised: 21 Dec 2018
Date Written: September 11, 2017
Approximately seven years after being initially proposed, the DOL's fundamental rewrite of ERISA's "investment advice" definition was finalized in 2016 to substantial controversy. While the results of the 2016 presidential election seemed to jeopardize the very survival of the rule, at the end of the day (at least so far), to the surprise of many, the basics of the rule did somehow manage to become applicable on June 9, 2017. The authors take a look at how we got to where we are, where we've gotten to, and where we may be going.
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