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Why DOL Administrative Bulletin 2026-01 Will Not, and Should Not, Withstand Judicial Scrutiny
The Prudent Investment Adviser Rules 
[Opinion] May 5, 2026 "[FAB 2026-01] contains a defect that is not merely analytical, but structural: it is internally inconsistent on its face. The Bulletin expressly conditions enforcement on alignment with 'clearly established case law,' yet the governing premise it adopts -- that fiduciary prudence may be satisfied by process alone -- is unsupported by, and in tension with, the very body of law it invokes. That contradiction is fatal." MORE >> |
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