If a plan investment in a vehicle is not covered by the plan asset regulation, is a person who recommends that investment a fiduciary to ERISA plans? Read more here This clarification is a supplement of Mr. White’s previous article: DOL’s New Fiduciary Definition and the Marketing of Hedge Funds The Department of Labor has adopted a…

The Department of Labor has adopted a modified definition of what investment advice makes a person an ERISA fiduciary.  The new definition is broader than the one it replaces and hedge fund managers need to be aware of the new running rules when they market their funds if fiduciary status is to be avoided. Learn…

Recent SEC enforcements mean it’s time to reconsider the risks of including overbroad confidentiality clauses in employment agreements and other business documents of registrants (e.g., public companies, mutual funds, investment advisors, transfer agencies and broker dealers).  The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act sought to increase the identification of wrongdoing by providing…

A new statute and several new restrictions on certain California employment agreements that may affect enterprises’ operations. Mr. White explains the latest amendment to the California Labor Code which will become effective on January 1, 2017. This amendment adds a new provision requiring that employment disputes regarding California resident employees be subject to the substantive law of California…