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Entries tagged “client alert”

Clarification Regarding the Interplay Between the DOL’s Plan Asset and Fiduciary Definition Regulations

insights Clarification Regarding the Interplay Between the DOL’s Plan Asset and Fiduciary Definition Regulations Thomas M. White · June 21, 2017

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…

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Client Alert: DOL’s New Fiduciary Definition and the Marketing of Hedge Funds

insights Client Alert: DOL’s New Fiduciary Definition and the Marketing of Hedge Funds Thomas M. White · June 9, 2017

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…

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Client Alert: Confidentiality Clauses Can Cost You: SEC Issuing Fines for Inconsistency with Dodd-Frank Whistle Blower Protection Rules

insights November 14, 2016

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…

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Client Alert: California Restricts Employment Agreements Containing Out-of-State Choice of Law and Venue Provisions

insights Client Alert: California Restricts Employment Agreements Containing Out-of-State Choice of Law and Venue Provisions Thomas M. White · November 11, 2016

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…

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