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On October 31, 2023, the U.S. Department of Labor (the "DOL") issued proposed changes to the definition of "investment advice" fiduciary under the Employee Retirement Income Security Act of 1974 ("ERISA"). With this proposal, the DOL revisits its efforts to re-make the fiduciary rule after the 2016 fiduciary rule was vacated by the U.S. Court of Appeals for the Fifth Circuit in 2018.
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