On December 16, 2025, Lisa Tavares was quoted by Law360 on benefits policy changes.
According to the article, the second half of 2025 saw several benefits-related policy developments affecting retirement and health plans, including an overall shift in the current administration’s approach to fiduciary duties under the Employee Retirement Income Security Act. This policy shift was evident in a range of actions—from litigation over regulatory changes to an amicus brief filed in a case now before the U.S. Supreme Court.
Commenting on these evolving fiduciary-duty positions, Tavares said, “I think from an overall policy perspective, fiduciary issues are top of mind.” She noted that, in addition to the activity in the Fifth Circuit’s consolidated appeal involving the DOL’s regulations, movement on the ESG rule and a potential shift regarding alternative investments all raise significant fiduciary considerations.
“I’ve been advising my clients that I counsel … not to be reactive to these changes in position, to focus on what they think as a fiduciary is correct, because the pendulum could swing back,” Tavares said.
Click here to access the article.