"The 2020 guidance [in PTE 2020-02] notes that the analysis under [ERISA's advice fiduciary language] and the 1975 regulations may take into account the nature of the relationship after assets have been rolled out of the plan and into an IRA.… [T]he Court finds that the better reading of the statute and regulations takes into account only advice given while the assets are, in fact, plan assets when deciding whether TIAA rendered 'investment advice' on a 'regular basis.' " [Carfora v. Teachers Insurance and Annuity Association of America, and TIAA-CREF Individual & Institutional Services, LLC, No. 21-8384 (S.D.N.Y. Sep. 27, 2022)]  MORE >>