Wealth Management


Astute observers will have noticed that President Trump last week nominated Eugene Scalia to head the DOL following Acosta’s resignation. Even sharper readers will know that likely means the DOL’s newest version of the Fiduciary Rule is likely dead. Scalia was instrumental in the first version of the rule’s defeat last year. He was the lead counsel for SIFMA and the body of trade groups that defeated the rule. With him becoming head of the DOL, it seems highly unlikely the Labor Department would advance the newest version of the regulation.

FINSUM: We think Eugene Scalia is the DOL head that most of the industry has been waiting for. He has a reputation as a fierce anti-regulation warrior, so is hard to imagine him advancing the newest version of the Fiduciary Rule to any degree.


The wealth management industry has been holding its collective breath for the last week or so. Ever since DOL chief Acosta resigned, it became very unclear what sort of Fiduciary Rule might be released later this year. Would it be a more onerous version, or a more lenient one? Well, the answer seems very likely to be a lighter-touch version of the rule. That is because Trump has just announced his nomination to the position—Eugene Scalia, son of the former Supreme Court Justice. Scalia has a long and quite conservative track record, and is seen as likely to deregulate more quickly than Acosta.

FINSUM: Scalia seems like an ideal choice for those hoping the DOL’s new Fiduciary Rule is significantly lighter than the 2017 version. Perhaps he even scraps it altogether?


Advisors look out, the potentially easy Fiduciary Rule you have been counting on is now seriously in doubt. For several months the consensus view was that the DOL would create a companion rule to the SEC’s Best Interest rule, but in a significantly less onerous way than the original Fiduciary Rule. That assumption now looks misguided because DOL chief Acosta has resigned, meaning there will be a major leadership change and a likely revisiting of strategic priorities.

FINSUM: Acosta has been pretty industry friendly, so this review is nerve-racking as there seems to be an equal likelihood of a either a tougher new chief, or a similar/relaxed one.

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