Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 24, 2016
The Firm
201-896-4100 info@sh-law.comThe Department of Labor recently issued its final regulations to alter the definition of a fiduciary under ERISA effective Apr. 10, 2017. These “conflict of interest” rules will expand ERISA protections for participants by broadening the personnel treated as fiduciaries which render fee-based investment advice.
With the new rules, the DOL intends to redefine fiduciary investment advice by requiring advisers for ERISA-governed retirement plans and IRAs to act within the definition of ERISA. This move was also intended to summarize the code of conduct for investment advisers specific to provisions for ERISA plan sponsors.
While the final regulations are geared toward investment advisers, they will significantly affect plan sponsors themselves.
Advisers are categorized as fiduciaries rendering investment advice when they offer suggestions to plans, plan fiduciaries, participants, beneficiaries and IRA account owners. According to the National Law Review, these recommendations from advisers are deemed investment advice when there are specific suggestions to engage or avoid certain investments. When investment communication is tailored to an individual, it is more likely to be considered a recommendation – particularly in exchange for fee or other forms of direct or indirect compensation.
Some of these exclusions include employees of plan sponsors, plan fiduciaries, employee benefit plans, affiliates or employee organizations. This is true so long as these entities receive normal compensation for work performed.
Any programs that do not have an investment component, such as health and welfare plans, are also exempt.
The same applies for platforms of investment alternatives. These are exempt so long as advisers present these platforms to plan fiduciaries as impartial suggestions or explain that the advice is not intended as investment recommendations.
Asset valuations are also exempt from the fiduciary definition under the new rules. However, the DOL has stated that it will seek to address asset valuation issues with further regulations.
While the regulations will be effective Apr. 10, 2017, advisers will have until Jan. 1, 2018 to ensure compliance with the “best interest contract exemption”. This provision enables advisers to provide investment recommendations as long as they give “advice in the client’s best interest, charge only reasonable compensation, and avoid misleading statements about fees and conflicts of interest.”
The exemption requires advisers to disclose all conflicts of interest and remove any financial incentives for investment advice that may not be in the client’s best interest.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!