Displaying items by tag: courts

(Washington)

The fiduciary rule has suffered many blows over the last several months, none stronger than in the 5th circuit court in March. However, despite all the doom and gloom over the rule, there is still a good chance it will hold up. The 5th circuit court was the first circuit court to come in against the rule, which paves the way for the Supreme Court to hear the case (impossible to predict the outcome there). Furthermore, the courts may let an outside party step in and take up the DOL’s right of appeal on the recent 5th circuit court ruling, all of which means the rule is far from gone.

FINSUM: We do not think fiduciary rule advocates are going to give up this easily, especially because there is still a lot of legal recourse available to them.

(Washington)

The back and forth over the fiduciary rule has been long, expensive, confusing, and bureaucratic. However, those opposed to the implementation of the rule should rejoice, as it appears it will die on April 30th. Legally, the DOL has until April 30th to seek a review of the Fifth Circuit Court’s vacating of the rule. If it does not do so by then the court’s ruling will go into effect on May 7th and the rule would dissolve. The DOL also has until June 13th to ask the Supreme Court to hear the case.

FINSUM: The DOL has already dropped a case in Washington D.C. because it was concerned the court there would uphold the rule. There seems to be a very low likelihood that they are going to challenge the Fifth Circuit Court’s ruling. The rule may very well dissolve on May 7th, but expect some drama before then as advocates make a final push.

(Washington)

None other than Eugene Scalia, son of former Supreme Court justice Anton Scalia, has now written a formal letter asking that the courts expedite their ruling on the fiduciary rule. Scalia says that Massachusetts’ new attack on Scottrade is a sign that the rule needs to be settled once and for all, as having it half-implemented means heightened legal risk. The wealth management industry has been waiting several months for a final decision on a fiduciary rule case in the Fifth Circuit Court of Appeals in New Orleans. Scalia called for urgency, saying “The action also shows that the fiduciary rule is exacerbating the risk of litigation, even absent 'best-interest contracts”.

FINSUM: There is absolutely no point to having a half-implemented rule. The government (courts included) either needs to fully implement a rule, or get rid of the concept entirely, because the half-in nature of today’s arrangement if not beneficial for anyone.