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Benefit Plan Sponsors › Private Equity Funds › Fiduciary Duty

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Private Markets in 401(k) Plans: An Opportunity or a Pandora’s Box?

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

A new Empower survey has made some waves in the retirement plan industry. According to their July 2025 survey, a striking 68% of advisors already use private market investments—things like private equity, private credit, and...more

Snell & Wilmer

Opening the Door to Alternatives: What Fiduciaries Should Know About the New 401(k) Executive Order

Snell & Wilmer on

On August 7, 2025, President Trump signed an Executive Order titled Democratizing Access to Alternative Assets for 401(k) Investors. The directive marks a significant policy shift by encouraging regulators to make it easier...more

McDermott Will & Schulte

DOL: Path for 401(k) Plans to Offer Private Equity Investment Options

McDermott Will & Schulte on

The US Department of Labor (DOL) issued an information letter in June 2020 indicating that, in limited circumstances, it will allow defined contribution retirement plans (such as 401(k) plans) to indirectly invest in private...more

Goodwin

DOL Release May Increase ERISA Defined Contribution Plan Interest in Private Equity Investments

Goodwin on

On June 3, 2020, the U.S. Department of Labor issued an information letter concluding that a plan fiduciary would not violate ERISA’s fiduciary duties solely because the fiduciary offers a professionally managed asset...more

McDermott Will & Emery

Fiduciary Risks Involved in Transferring Assets from a Seller’s 401(k) Plan to the Buyer’s Plan

McDermott Will & Emery on

In many transactions, particularly those where the buyer is a portfolio company of a private equity fund, the buyer agrees to cause its 401(k) plan to accept a transfer of assets from the seller’s 401(k) plan. The asset...more

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