Oral arguments in the consolidated case against the DOL and its fiduciary rule reforms were heard Monday morning by the 5th Circuit Court of Appeals; ERISA attorney Erin Sweeney offers her take.

Her opinion was joined by U.S. Circuit Judge Edith Clement. “Although lacking direct regulatory authority over IRA ‘fiduciaries,’ DOL impermissibly bootstrapped what should have been safe harbor ...

Solis have asked the 9th Circuit to overturn a three-judge panel's decision embracing the “presumption of prudence” standard often seen in employer stock-drop lawsuits. The Department of Labor (DoL) ...

In both cases, DeCamp said, the 5th Circuit focused on the meaning of the FLSA’s statute and used that analysis to determine whether Congress delegated authority to DOL. Though this resulted in ...

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Maskot / Getty Images The Department of Labor (DOL) fiduciary rule, was originally scheduled to be phased in from April 10, 2017, to Jan. 1, 2018. As of June 21, 2018, The U.S. Fifth Circuit ...

Related: Attorney: DOL's Interpretation of Fiduciary Rule More Expansive Than Ever “This New Interpretation carries forward the core problem the 5th Circuit identified in vacating the Fiduciary ...

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According to the 3rd Circuit, DOL disclosed in 2020 that it was investigating the Intra-National Home Care plaintiffs for potential overtime violations related to the 2013 revision. The plaintiffs ...