Banking & Finance Law Report

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Here we go again: Does the DOL’s request for information regarding self-directed brokerage accounts mean new fee disclosure requirements are coming soon?

If you’re a fan of the tv show “The Simpsons,” you might remember an early episode where Homer Simpson launched a crusade against every public safety issue in the city. The result was practically every square inch of the town contained signs alerting people to every dip, pothole, and other nuisance on the roads. After … Continue Reading

Estoppel in ERISA: Simple Mistakes Can Lead to Costly Litigation

Estoppel in ERISA: Simple Mistakes Can Lead to Costly Litigation Plan administrators need to take steps to ensure that the information they provide to plan participants is accurate. Otherwise, plan participants may use this misinformation to bring an estoppel claim. In civil litigation, defendants have long relied on equitable estoppel as an affirmative defense. The … Continue Reading

The Fiduciary Exception to the Attorney-Client Privilege — “Document Everything” is a Best Practice, Except When It Isn’t

The following was recently posted by our colleague Seth Hanft on our sister blog Employee Benefits Law Report . It provides a reminder to in-house counsel addressing employee benefit claims that their communications with their benefits personnel regarding employee benefits claims may not be protected by the attorney-client privilege, an issue frequently encountered by in-house counsel … Continue Reading