Jenner & Block

Client Advisory: E-Proxy Rules May Not Satisfy ERISA Electronic Disclosure Rules

In this client advisory Partners Jerry J. Burgdoerfer and Jorge M. Leon, and Associates Jonathan D. Conley and Julie A. Wenell discuss the E-proxy rules implemented by the SEC at the beginning of the year in relation to the electronic disclosure regulations promulgated by the Department of Labor when applied to ERISA § 404(c).  As the authors point out, because the regulations under the SEC and DOL differ, trying to satisfy both through one electronic vehicle may be costly or unfeasible, risking SEC sanctions or the loss of ERISA § 404(c) protection.