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The DOL’s definition of who’s a fiduciary and who’s not a fiduciary seems to be a never-ending headache. The Sword of Damocles hangs over the heads of so many Broker-Dealers and RIAs depending on which way the wind is blowing, with most wishing a gust would blow it right offshore. Who in their right mind wants to be subject to 408(b)(2) disclosure rules?


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