Fiduciary Rule

What would a Secretary Scalia mean for fiduciary rulemaking?

Earlier today, I spoke with Fund Intelligence regarding the President’s initial decision to nominate Eugene Scalia as the next Secretary of Labor. His background suggests “an even more deliberative approach” to fiduciary rulemaking, namely, the promulgation of guidance and rules that will safely survive a court challenge. The most likely approach of a DOL under Scalia is the proposal of exemptive relief and other rules that lower compliance costs, meaning that it is unlikely that the DOL would expand the ways in which one becomes an investment advice fiduciary under ERISA.

How the states are trying to revive the DOL fiduciary rule

Wealth Management Magazine just ran a story on how the states are attempting to revive the DOL Fiduciary Rule in their own image. As part of my interview, I say: “To me, there’s no question that the Department of Labor fiduciary rule is a bit of the ideal paradigm in terms of governance (for these states).” This is true, but the DOL rule appears to also be a litmus test for some of the states in evaluating Regulation Best Interest (Reg BI) and their own rules. As some states try to channel the DOL Fiduciary Rule, Jay Clayton and Alex Acosta are, by all, accounts, coordinating on a June unveiling of the SEC Standards of Conduct package with a  proposed DOL exemption and some guidance (i.e., not a new rule on when one becomes an investment advice fiduciary under section 3(21) of ERISA) to follow.