Legal experts are predicting there could be an expansion coming to the DOL fiduciary. Partners at Faegre Drinker are expecting a proposal in the next quarter or two which would label one-time advisors involved in retirement rollover or IRA assets to be labeled fiduciaries. One time advice-givers particularly those trying to establish a relationship would now be labeled as fiduciary advice. Reporters reached out to the Department of Labor but they did not respond to a request for a comment about the change. However, legal federations are expected to challenge the further expansion of the DOL fiduciary classification.

Finsum: This would be a major change to the DOL Fiduciary rule and could really impact advisors trying to gain clients.

There is nothing like an international conflict to generate a flight to safe assets, and as much pressure as treasury bond prices have taken in the last year, they are still the world’s premiere safe asset. Inflows post Russia’s invasion of Ukraine have lowered Treasury yields and raised bond prices. Additionally it appears that markets are either dubious of the Fed’s rate hikes or just don’t think it will take as many to get the jobs done. Regardless, many bond ETFs, particularly around treasuries have benefited such as the iShares 7-10 Year Treasury Bond ETF and the iShares 20+ Year Treasury Bond ETF which were up 2.0% and 2.6% respectively in the last week.

Finsum: Treasuries are still the global safe asset and they are still in short supply given the abnormally low levels of U.S. interest rates.

The 2019 Secure Act was THE critical piece of legislation for annuities in the 21st century, but that could change with the upcoming LIFE Act which is working its way to voting. Where the secure act made legal production of annuities easier and allowed them to be a part of retirement plans, the LIFE Act will allow annuities to be a 50% asset allocation by default from employers. Currently, the LIFE Act has strong bipartisan and posts a strong potential of passing, this would allow investors to double their baseline investment in annuities where it was previously capped at 25%.

Finsum: The ultra low rate environment has many investors more interested in turning to annuities for income than almost any other time before.

ESG and other socially conscious investing is all fine and dandy when energy prices are modest, however the sharp spike in energy has many reorganizing their priorities. There was already an upward trajectory pre-Russian invasion due to OPEC+ supply constraints but that has escalated with Biden’s latest sanctions. The war is putting pressure on key commodities that are slowing many green energy initiatives and renewable policy proposals. More Americans than ever are worried about the prices at the pumps and calling for expansion in drilling to expand supply. So no matter the political pressure ESG is facing an uphill climb at the moment.

Finsum: This could put more pressure on long term green energy proposals as this crisis highlights dependence on fossil fuels.

While ESG has run white-hot the last three years the main gripe was greenwashing, that was until now as anti-trust is on the horizon. An attorney from Arizona Mark Brnovich is opening an investigation into ESG investing with regards to anti-trust. The idea is pretty simple, while a top-down approach comes from legal agreements like the Paris accord, companies are suddenly allowed to coordinate and self-regulate among each other as to what constitutes good practices. Additionally, they may use ESG as a mechanism to compel or influence the removal of financing for companies from different industries. This coordination takes place through groups like the Climate Action 100+ rather than through the hush tones of a golf course but the effect is a coordinated one targeting companies or industries.

Finsum: There is a compelling case that without legal parameters ESG will turn into anti-energy coordination and tech-centric greenwashing campaign.