BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

The New DOL Fiduciary Rule: Key Provisions and Challenges for Counsel, Advisers, and their Clients

New Definition of Investment Advice Fiduciary, Amendments to Prohibited Transaction Class Exemptions, Compensation, and More

$347.00

This course is $0 with these passes:

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Description

The DOL's fiduciary rule has undergone many revisions and challenges over the last few years, creating a level of uncertainty in determining fiduciary status. Counsel and advisers must understand the challenges associated with the most recent rendition of the fiduciary rules under ERISA and the Internal Revenue Code and methods to ensure compliance.

On April 23, 2024, the DOL released a final regulation modifying the definition of "investment advice fiduciary" under ERISA and the Internal Revenue Code, as well as final amendments to certain related prohibited transaction class exemptions. Benefits counsel must understand the impact of the DOL's new fiduciary rule on retirement plan sponsors, advisers, and financial services providers to advise their clients on compliance and implementation best practices.

Listen as our panel discusses recent court decisions that significantly impact the application of the DOL fiduciary rule, courts' application of the five-part test to determine fiduciary status, and key considerations for financial advisers and plan sponsors.

Presented By

David Kaleda
Partner
Eversheds Sutherland LLP

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. 

David C. Olstein
Partner
Hogan Lovells

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

Alexander P. Ryan
Partner
Willkie Farr & Gallagher, LLP

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).

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, June 26, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Overview of new DOL fiduciary rule
  2. Key considerations for sponsors, administrators, and advisers
  3. Compliance planning
  4. Implementation

The panel will discuss these and other key issues:

  • Unpacking the DOL fiduciary rule and key issues for advisers
  • The new definition of ”investment advice fiduciary” and its exclusions
  • Exemptions from the prohibited transaction provisions of ERISA and the Internal Revenue Code
  • Compliance planning tactics