2016 - LC - ACLI vs. Perez (DOL - Department of Labor) - Fiduciary Rule

  • Document 1 - Complaint - 108p
  • Document 48 - ACLI / NAIFA -
  • Document 49 - ACLI / NAIFA - Brief/Memorandum in Support filed by American Council of Life Insurers, National Association of Insurance and Financial Advisors, National Association of Insurance and Financial Advisors-Amarillo, National Association of Insurance and Financial Advisors-Dallas, National Association of Insurance and Financial Advisors-Fort Worth, National Association of Insurance and Financial Advisors-Great Southwest, National Association of Insurance and Financial Advisors-Texas, National Association of Insurance and Financial Advisors-Wichita Falls re [48] MOTION for Summary Judgment (Ogden, David)- 45p
  • Document 50 - ACLI / NAIFA -  Appendix in Support filed by American Council of Life Insurers, National Association of Insurance and Financial Advisors, National Association of Insurance and Financial Advisors-Amarillo, National Association of Insurance and Financial Advisors-Dallas, National Association of Insurance and Financial Advisors-Fort Worth, National Association of Insurance and Financial Advisors-Great Southwest, National Association of Insurance and Financial Advisors-Texas, National Association of Insurance and Financial Advisors-Wichita Falls re [48] MOTION for Summary Judgment (Attachments: # (1) Volume I, # (2) Volume II, # (3) Volume III, # (4) Volume IV, # (5) Volume V) (Ogden, David)
    • Volume I - 263p
    • Volume II - 273p 
    • Volume III - 286p 
    • Volume IV - 114p 
    • Volume V - 240p
  • Document 55 - AEILIC / LSW - Appendix in Support filed by American Equity Investment Life Insurance Co, Indexed Annuity Leadership Council, Life Insurance Company of the Southwest, Midland National Life Insurance Co, North American Company for Life and Health Insurance
    • Exhibit(s) - Docs 1-3 - 109p
    • Exhibit(s) -  Docs 4-8 - 65p
    • Exhibit(s) - Docs 9-12 - 64p
  • Document 56 - AEILIC / LSW -  Brief/Memorandum in Support filed by American Equity Investment Life Insurance Co, Indexed Annuity Leadership Council, Life Insurance Company of the Southwest, Midland National Life Insurance Co, North American Company for Life and Health Insurance  - 44p
  • Document 62 - ACLI / NAIFA - American Council of Life Insurers and National Association of Insurance and Financial Advisors Plaintiffs’ Memorandum of Law In Support Of Their Motion For Summary Judgment - 45p
  • Document 91 - CFA - Brief/Memorandum in Support filed by Consumer Federation of America re [83] MOTION for Leave to File Amicus Curiae Brief - 28p
  • Document 102 - Financial Planning Coalition - AMICUS CURIAE BRIEF - 22p
    • Financial Planning Coalition = CFP Board, FPA qnd NAPFA
    • financialplanningassociation.org/press-room/releases-announcements/coalition-disagrees-usdol-retirement
      • The Financial Planning Coalition is a collaboration of Certified Financial Planner Board of Standards, Inc. (CFP Board), the Financial Planning Association® (FPA®) and the National Association of Personal Financial Advisors (NAPFA)—the leading national organizations representing the development and advancement of the financial planning profession.
  • Document 115 - DOJ -  Supplemental Joint Appendix filed by Thomas E Perez, U.S. Department of Labor. (Attachments: # (1) Docs 19-29, # (2) Docs 30-43, # (3) Docs 44-58, # (4) Docs 59-72, # (5) Docs 73-100, # (6) Doc 101-138) (Thorp-DOJ, Galen) Modified text on 10/17/2016 (rekc).
    • Docs -19-29 - 411p
    • Docs - 30-43 - 719p
    • Docs - 44-58 - 1190p
    • Docs - 59-72 - 736p
    • Docs - 73-100 - 584p
    • Docs - 101-138 - 245p
  • Document 130 - - PLAINTIFFS’ RESPONSE TO DEFENDANT’S NOTICE OF FACTUAL DEVELOPMENTS - 6p
    • RESPONSE filed by American Council of Life Insurers, American Equity Investment Life Insurance Co, Chamber of Commerce of the United States of America, Financial Services Institute Inc, Financial Services Roundtable, Greater Irving-Las Colinas Chamber of Commerce, Humble Area Chamber of Commerce, Indexed Annuity Leadership Council, Insured Retirement Institute, Life Insurance Company of the Southwest, Lubbock Chamber of Commerce, Midland National Life Insurance Co, National Association of Insurance and Financial Advisors, National Association of Insurance and Financial Advisors-Amarillo, National Association of Insurance and Financial Advisors-Dallas, National Association of Insurance and Financial Advisors-Fort Worth, National Association of Insurance and Financial Advisors-Great Southwest, National Association of Insurance and Financial Advisors-Texas, National Association of Insurance and Financial Advisors-Wichita Falls, North American Company for Life and Health Insurance, Securities Industry and Financial Markets Association, Texas Association of Business re: [129] Notice (Other) (Scalia, Eugene) 
  • Document 137 - MEMORANDUM OPINION AND ORDER: Before the Court are the parties' Cross-Motions for Summary Judgment (ECF Nos. [48], [51], [54], [67]). Plaintiffs' Motions for Summary Judgment are DENIED and Defendants' Motion for Summary Judgment is GRANTED. (Ordered by Chief Judge Barbara M.G. Lynn on 2/8/2017) (aaa) - 81p
  • Document 138 - JUDGMENT: For the reasons stated in the Court's Memorandum Opinion and Order (ECF No. [137]), judgment is granted in favor of the Defendants, with each party to bear their own costs. (Ordered by Chief Judge Barbara M.G. Lynn on 2/9/2017) (aaa) - 1p
  • dolfiduciaryrule.com/portalresource/ChambervPerez2016-07-18ECF50ACLI-NAIFAMSJ-AppVol3of5.PDF
    • Case 3:16-cv-01476-M Document 50-3 Filed 07/18/16 Page 90 of 286 PageID 2028
      • Page 50 of 286 PageID 1988 - IRI
        • In the insurance industry, product disclosures, including cost disclosures, are typically controlled by the product issuer, and not the individual adviser or selling firm.
          • This has the benefit of increased uniformity of disclosure, in that hundreds of sales persons selling for an issuer can use the same consistent, carefully reviewed sales materials.
          • For that reason, insurance product issuers typically contractually prohibit distributors from independently generating product-related sales materials.
      • Case 3:16-cv-01476-M Document 50-3 Filed 07/18/16 Page 107 / 108 of 286 PageID 2045
        • If the requirement is retained, however, NAIFA strongly encourages the Department to clarify that this particular obligation falls on the financial institution, and not the individual advisor.
        • Advisors will not have access to the information subject to this disclosure requirement (e.g., total dollar amount of all fees paid by the investor, directly or indirectly, and all compensation received by the advisor and financial institution, which includes compensation paid to parties upstream from the advisor—fees about which the advisor would not be aware).
        • And again, the burden of the disclosure requirement will be particularly heavy for independent advisors without back office support.
        • Regardless of which entity ultimately is responsible for making these disclosures, under the Department’s proposal, investors will be inundated with complex charts and figures and duplicative information.
          • This could result in heightened consumer confusion and no real consumer benefit.
          • According to a LIMRA Secure Retirement Institute Survey published in May 2015, disclosures do not necessarily help investors grasp how much they are paying in fees or for what they are paying.33
  • 2016 - LC - ACLI vs. Perez (DOL - Department of Labor) - Fiduciary Rule - Document 10 - NOTICE OF RELATED CASES - 3p
    • Pursuant to Local Rule 3.3(a), Plaintiffs in the above-captioned matter, by and through undersigned counsel, hereby give notice that this case is related to three pending cases:
      • (1) Chamber Of Commerce of the United States of America et al. v. Perez et al., Civil Action No. 16-cv-1476 (N.D. Tex., filed June 1, 2016) (Lynn, C.J.);
      • (2) National Association for Fixed Annuities v. Perez et al., Civil Action No. 16-cv-1035, (D.D.C., filed June 2, 2016) (Moss, J.); and
      • (3) Market Synergy Group, Inc. v. United States Department of Labor et al., Civil Action No. 16-cv-4083 (D. Kan., filed June 8, 2016). These cases are related because they “arise[] from a common nucleus of operative fact with the [instant] case.” N.D. Tex. L.R. 3.3(b)(3).