Publication - 07/29/2013

Drinker Biddle Response to Controversial Yale Letters

Drinker Biddle Memorandum

We have reviewed a number of Yale Law School Professor Ian Ayers' letters to 401(k) plan sponsors, as well as the report of his study. Based on our work for plan sponsors, as well as recordkeepers and other service providers, our conclusion is that plan sponsors should not rely on his letters and study. Instead, they should engage in a prudent process to evaluate the services to their plans and participants, the compensation of service providers, and the costs of those services as well as the costs of the plan's investments.

To read our analysis, please click here. To read our letter accompanying that analysis, please click here.

U.S. Department of Education Issues New Guidance on Incentive Compensation Regulations

Client Alert
John R. Przypyszny, Jonathan D. Tarnow

On Friday, November 27, 2015, the U.S. Department of Education (the “Department”) will issue guidance in the Federal Register regarding its October 29, 2010 changes to the incentive compensation regulations at 34 C.F.R. § 668.14(b)(22) that took legal effect July 1, 2011.

Casino Not Liable to Return Proceeds of Fraudulent Transfers

The Legal Intelligencer
Joseph N. Argentina, Jr., Andrew C. Kassner

Andy Kassner and Joe Argentina published an article discussing the recent Seventh Circuit Court of Appeals review of whether a bankruptcy trustee can recover funds from a casino where the debtor gambled with funds obtained by fraudulent transfers from a debtor.

U.S. International Trade Commission Makes Final Injury Determination On Supercalendered Paper From Canada

Client Alert
Richard P. Ferrin, Douglas J. Heffner

On November 18, 2015, the U.S. International Trade Commission (ITC) voted affirmative in connection with its final injury investigation on supercalendered paper from Canada.

“Socially Responsible” Investing Under ERISA: New DOL Guidance

Client Alert
Bruce L. Ashton, Fred Reish, Joshua J. Waldbeser

In this Alert, we outline a fiduciary process that committees should follow in evaluating ETIs versus other investment alternatives, based on the key points in the Bulletin.

Cyberspace Law: Recent Trends in the United States and the European Union

Understanding Developments in Cyberspace Law: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape
Kenneth K. Dort

Ken’s chapter is titled, “Cyberspace Law: Recent Trends in the United States and the European Union.”