April 26, 20180Comments

Open Letter to the SEC: Fiduciary Duties Need to Extend to Research

The SEC needs to offer a more concrete interpretation of the Duty of Care, one that focuses on the research upon which investment recommendations are based.

by Sam McBride

April 17, 20180Comments

A Reminder to the SEC: Disclosure Is Not Enough

As the SEC gets set to propose its advice standard on April 18, we believe it is important to note that disclosure alone is not enough to protect investors.

by Sam McBride

October 31, 20170Comments

Open Letter To The SEC: Disclosure Is Not Enough

The SEC could assuage uncertainty by more clearly outlining its view of how advisors can fulfill the Fiduciary Duty of Care.

by Sam McBride

October 25, 20170Comments

A Primer on How To Define and Fulfill the Fiduciary Duty of Care

Despite the lack of regulatory guidance for fulfillment of the Duty of Care, there is plenty of common-sense guidance from thought leaders. They all agree that research that fulfills the Duty of Care should be comprehensive, objective, transparent, and relevant.

by Sam McBride

August 9, 20170Comments

A Practical Solution To Fulfill The Duty Of Care

Without the Duty of Care, the Duty of Loyalty is nearly worthless. An advisor that tries to act in your best interest, but doesn’t have the skill or diligence to do so can cause just as much harm as a conflicted advisor.

by Sam McBride

July 24, 20171Comments

Open Letter To The Department of Labor And SEC: Markets Deserve Clarification On The Duty Of Care

We welcome the SEC’s request for comment on the fiduciary rule and hope to see both the SEC and DoL work together to refine the fiduciary rule in a way that improves access to high-quality advice for all investors.

by Sam McBride

June 1, 20170Comments

Blind Spot Alert: Fiduciary Duty of Care

We think few advisors will fund much success if they do not embrace fiduciary levels of service. However, we think few in the business are prepared to fulfill the Duty of Care.

by Sam McBride

May 24, 20170Comments

DOL Can’t Hold Back The Fiduciary Tide

After months of delay, the Department of Labor’s fiduciary rule will finally go into effect on June 9. Labor Secretary Alexander Acosta confirmed the rule’s implementation on Monday in a Wall Street Journal op-ed.

by Sam McBride

April 11, 20170Comments

Fiduciary Rule Delayed, But Its Impact Remains

Despite over 92% of the 193,000 comment letters opposing delay, the Department of Labor’s Fiduciary Rule has been officially delayed until June 9. No matter the legalities, investor awareness is higher.

by Kyle Guske II, Senior Investment Analyst, MBA

March 21, 20170Comments

How To Fulfill The Duty Of Care: Official Letter on DoL’s Website

New Constructs submits the following comments regarding the Department of Labor’s proposed rule entitled Definition of the Term “Fiduciary” - Delay of Applicability Date.

by Kyle Guske II, Senior Investment Analyst, MBA

February 28, 20170Comments

Efforts to Kill The Fiduciary Rule Have Only Strengthened It

Interest in “fiduciary” is at an all time high despite efforts to kill the rule. Is all the push back on the rule having a “Streisand Effect”?

by Kyle Guske II, Senior Investment Analyst, MBA

February 27, 20170Comments

Fiduciary Duty Can’t Be Killed

Striking the fiduciary rule down could make it, in the words of Obi-Wan Kenobi, “more powerful than you can possibly imagine.”

by Sam McBride

February 2, 20171Comments

Webinar: Solving The Biggest Problem w/ the DOL Fiduciary Rule

Get answers from CEO, David Trainer. He outlines New Constructs’ unique DOL Fiduciary Rule solutions, in our latest webinar.

by Kyle Guske II, Senior Investment Analyst, MBA

January 26, 20170Comments

DOL Fiduciary Rule Webinar: The Biggest Solution as Featured by Michael Kitces

Join us for a live webinar with CEO David Trainer to learn more about our unique solution and our Open Letter to the DOL.

by Kyle Guske II, Senior Investment Analyst, MBA

January 23, 20170Comments

Michael Kitces Features Our “Guidelines for Due Diligence”

Michael Kitces (@MichaelKitces), leading voice in the financial advisory industry, recently featured our MarketWatch op/ed in his recommended weekend reading and in a tweet.

by Kyle Guske II, Senior Investment Analyst, MBA

January 18, 20170Comments

Open Letter To The Department of Labor: What Does “Diligence” Mean For Fiduciaries?

Many people throughout the industry are still unclear as to how the fiduciary rule should be implemented. This uncertainty, at least In part, is behind many industry groups working hard to delay—or even scrap entirely—its implementation.

by Sam McBride

January 16, 20170Comments

The Truth Behind The Push To Delay The Fiduciary Rule

The Department of Labor’s fiduciary rule is under fire again. Essentially, those opposing the rule are saying that fulfilling a fiduciary standard—acting in the best interests of their clients—is too costly to work with their business model.

by Kyle Guske II, Senior Investment Analyst, MBA

November 22, 20160Comments

There’s No Getting Out Of Fiduciary Duties

On 11/22/16 our op-ed article was published at WealthManagement. The op-ed explains what it means to be a fiduciary, the conflicts within sell-side research, and how advisors fulfill fiduciary responsibilities going forward.

by Kyle Guske II, Senior Investment Analyst, MBA