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12 Feb 2024, 6:07 am by Kevin LaCroix
  The complaint summarizes that “[n]o prudent fiduciary would agree to make its plan and beneficiaries pay a price that is two-hundred-and fifty times higher than the price available to any individual who just walks into a pharmacy and pays out-of-pocket. [read post]
9 May 2023, 9:01 pm by renholding
It would also seem prudent (though hopefully redundant) for the advance notice bylaw to require that any material information disclosed to the corporation pursuant to the bylaw or director questionnaires also be disclosed to stockholders promptly as part of the proxy statement or pursuant to Rule 14a-12 as a pre-filing solicitation.[8] It appears that nominating stockholders sometimes do not consider themselves bound by Rule 14a-12 until well after the date when notice of a nomination is… [read post]
13 Feb 2023, 5:59 am by Kevin LaCroix
[ix] While healthcare services are expected to remain a key investment focus for many private equity firms, the risk of False Claims Act (“FCA”) exposure associated with such investments has also grown. [read post]
28 Jan 2023, 7:32 am
That assault is undertaken through sideways strategies, ESG included, that seeks to transform purpose by changing the focus of fiduciary duty (and director discretion in decision making), and by adding categories of risk into decision-making analytics. [read post]
18 Jul 2022, 2:46 pm by Kevin LaCroix
It is also increasingly being explored by civil society organizations and investors as a means by which investors can hold their investee companies to account where the market has been misled, to satisfy their fiduciary, stewardship and ESG-related obligations and commitments. [read post]
20 Dec 2021, 4:44 pm by Cynthia Marcotte Stamer
As implemented and enforced by the Department of Health & Human Services Office of Civil Rights (“OCR”), HIPAA generally requires that health plans, health care providers, healthcare clearinghouses and their service providers that qualify as business associates (hereafter “covered entities”) safeguard the privacy and security of individually identifiable protected health information (“protected health information”) in paper, electronic or… [read post]
19 Mar 2021, 8:15 am by David Thornton
Plan sponsors and plan fiduciaries, and vendors, advisors and other service providers: Take notice! [read post]
8 Oct 2019, 4:51 am by John Jascob
According to the court, the respondents sufficiently pleaded that no prudent fiduciary could have concluded that earlier disclosure would do more harm than good. [read post]
23 Apr 2019, 2:29 am by Samuel Bray
"  Another is that courts may allow offsets for services rendered by the fiduciary. [read post]
14 Jan 2019, 2:00 am by Jane Meacham, Contributing Editor
The question raised in the case is whether a service provider was an ERISA fiduciary because it had contractual discretion to set the rate of return. [read post]
6 Nov 2018, 11:51 am by Samuel Cohen
., Carval Investors LLC and other funds that specialize in distressed debt were interested in opportunities to finance Argentine companies, particularly where traditional bank lending may be more difficult to come by following the “notebooks scandal“. [read post]
22 Oct 2018, 3:17 am by Peter Mahler
Further, “New York case law is replete with cases demonstrating that a managing member of an LLC has a fiduciary duty to other members of the LLC. [read post]
28 May 2018, 6:57 am by Steven Cohen
American Century Services, LLC et al – United States District Court – Western District of Missouri – May 22, 2018) involves a claim under the Employee Retirement Income Security Act of 1974 (ERISA). [read post]
In light of the survey results and the impending full implementation of the new fiduciary rule, it seems prudent to revisit the roles and responsibilities of a plan fiduciary and to evaluate the new rule’s impact. [read post]
In light of the survey results and the impending full implementation of the new fiduciary rule, it seems prudent to revisit the roles and responsibilities of a plan fiduciary and to evaluate the new rule’s impact. [read post]
2 Feb 2018, 8:57 am by Cynthia Marcotte Stamer
Department of Health and Human Services (HHS) Office for Civil Rights (OCR) to settle potential liability for potentially much higher Civil Monetary Penalties (CMPs) to OCR for Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules violation charges under a voluntary resolution agreement illustrates the need for group health plans and their employer and other sponsors, fiduciaries, and vendors to make HIPAA compliance a key priority… [read post]
28 Sep 2017, 2:41 pm by Kevin LaCroix
Postal Service (September 2014); National Oceanic and Atmospheric Administration (September 2014); White House (October 2014); State Department (November 2014); Department of Defense (April 2015); Internal Revenue Service (May 2015); The U.S. [read post]
13 Jun 2017, 5:00 am by Vandenack Weaver LLC
© 2017 Vandenack Weaver LLC For more information, Contact Us   SOURCES: http://www.investmentnews.com/article/20170608/FREE/170609941/the-disclosure-401-k-advisers-may-be-missing-under-the-dol-fiduciary? [read post]