Joanne Roskey Quoted on Legal Questions in DOL Court Loss in Law360
"DOL Court Loss Casts Shadow on Fiduciary Rulemaking"
Joanne Roskey, former Deputy Associate Solicitor at the U.S. Department of Labor's (DOL) Plan Benefits Security Division, discussed a Florida federal court's recent decision invalidating DOL's guidance on retirement plan rollovers. Roskey said the Florida court decision and other rulings show how "the courts are questioning whether this is the regulatory authority that should be overseeing those types of transactions." Roskey thinks there are "some interesting legal questions that are embedded in that decision that I'm sure will be under consideration by the parties when they consider an appeal." Roskey added "I thought there was a lot of mixing of concepts between the standing arguments and the merits arguments. And I think that'll be an area that's ripe for attorneys involved to assess the legal merits of the court's decision, both on standing and on some of the APA issues."