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

Insight Thomas M. White 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 articleDOL’s New Fiduciary Definition and the Marketing of Hedge Funds
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 more about this new rule's application to specific hedge fund marketing activities here.


Mr. White specializes in the full scope of human resources management, such as Employee Benefits and Executive Compensation, Healthcare, and Employment Law. He began his practice shortly after ERISA was enacted. In this capacity, he has undertaken a full range of contentious, non-contentious and transactional benefits and employment work, and also has extensive experience in the development, documentation and administration of executive compensation programs. Read Mr. White's complete background here.