Fiduciary Rule Update - Podcast
Labor & Employment Law Practice Group Podcast
On April 8, 2016, the Department of Labor (DOL) published the Fiduciary Rule, which greatly expanded the universe of entities and persons that DOL deems to be fiduciaries with respect to retirement plans under the Employment Retirement Income Security Act of 1974 and with respect to Individual Retirement Accounts under the Internal Revenue Code. The Rule was originally scheduled to become applicable on April 10, 2017. However, in February of 2017, President Trump issued a memorandum directing DOL to reexamine the Rule to consider whether it would reduce access to investment services or increase litigation. Two months later, shortly before the April deadline, DOL extended the applicability date of some of the Rule’s requirements until June 7, 2017 and others until January 1, 2018. Then, in July of this year, DOL invited public comments on possible changes to the Rule and on whether the January 1 deadlines should be extended further. In the meantime, litigation has been waged over the Fiduciary Rule’s legality.
Jason Mendro, Partner at Gibson Dunn, discussed the past, present, and future status of the Fiduciary Rule
Featuring:
Partner, Gibson, Dunn & Crutcher
Jason J. Mendro is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP, where he practices in the firm's Litigation Department. Mr. Mendro has extensive experience defending class and derivative action lawsuits at the trial and appellate level, in both federal and state courts. He is a member of the Steering Committee of the Firm's Securities Litigation Practice Group. Law360 recently recognized Mr. Mendro as a "Rising Star" in the category of securities law.
Mr. Mendro has defended numerous securities class actions and shareholder derivative actions, representing directors and executives against a host of challenges to their decisions, oversight, and compensation.
Mr. Mendro has also defended complex litigation involving a broad spectrum of other disputes, including claims under ERISA, the Fair Labor Standards Act, and the Sarbanes-Oxley whistleblower protection laws. He has conducted internal investigations, represented special litigation committees, and defended companies in investigations and actions by the Consumer Financial Protection Bureau, the Securities and Exchange Commission, and self-regulatory organizations.
Mr. Mendro also has significant experience in appellate litigation and in rulemaking challenges. Among other recent matters, Mr. Mendro was a key contributor to successful challenges to numerous, controversial regulations with broad implications for the global swaps market, as well as a precedent-setting appellate victory that reversed a multi-million-dollar jury verdict under the False Claims Act.
Mr. Mendro graduated cum laude from Harvard Law School. He earned a bachelor's degree from the University of Florida, where he graduated first in his class. Mr. Mendro also served as a law clerk to the Honorable Gerald B. Tjoflat of the United States Court of Appeals for the Eleventh Circuit.
Mr. Mendro is admitted to practice law in Washington, D.C., California, and numerous federal courts, including the Supreme Court of the United States and the United States Courts of Appeals for the First, Second, Third, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuits.