News & Analysis as of

Cryptocurrency Employee Retirement Income Security Act (ERISA) Securities and Exchange Commission (SEC)

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why I Love Bitcoin—But Still Don’t Want It in Your 401(k)

Let me start with a confession: I love Bitcoin. I admire what it represents—decentralization, monetary freedom, borderless transactions, and the kind of disruption that makes traditional finance sweat. I hold it, I follow it,...more

Vedder Price

President Trump Signs Executive Order Seeking to Facilitate 401(k) Access to Private Funds and Digital Assets

Vedder Price on

On August 7, 2025, President Trump signed an executive order aimed at facilitating and expanding access to alternative investments — such as private equity, private credit, real estate and digital assets like cryptocurrency —...more

Seyfarth Shaw LLP

Executive Order Opens the Door to Alternative Assets in 401(k) Plans

Seyfarth Shaw LLP on

Shortly following our Legal Update regarding considerations for institutional investors investing in funds alongside retail investors, on August 7, 2025, President Trump issued an Executive Order (Order) entitled...more

Holland & Knight LLP

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

Holland & Knight LLP on

President Donald Trump on Aug. 7, 2025, signed an executive order (EO), "Democratizing Access for 401(k) Investors," and published a related fact sheet. The EO expresses the policy of the Trump Administration that "every...more

Ballard Spahr LLP

Executive Order Seeks to Expand Access to Crypto and Private Investments in Defined-Contribution Plans

Ballard Spahr LLP on

On August 7, 2025, President Trump issued an executive order (the Order) instructing federal agencies to expand access to alternative asset investments for participants in defined-contribution retirement plans such as 401(k)...more

Alston & Bird

Trump Administration Executive Order Aims to Expand 401(k) Access to Private Markets, Alternative Investments

Alston & Bird on

Our Investment Funds Team breaks down a new Executive Order signed by President Trump intended to expand access for 401(k) plans to invest in private equity, cryptocurrency, and other alternative assets....more

Morgan Lewis

Crypto, Private Equity, and Real Estate in Your 401(k)? Latest Executive Order Could Redefine Retirement Investing

Morgan Lewis on

The US administration issued an executive order aiming to expand access to alternative investments, including cryptocurrency, private equity, and real estate, in ERISA-governed retirement accounts....more

Lathrop GPM

New Executive Order Opens the Door for Alternative Assets as 401(k) Plan Options

Lathrop GPM on

On August 7, 2025, President Trump signed an Executive Order entitled, Democratizing Access to Alternative Assets for 401(K) Investors (“the EO”), which directs the U.S. Securities and Exchange Commission and the Department...more

King & Spalding

What Does a Second Trump Administration Mean for the Private Funds Industry?

King & Spalding on

The incoming Trump administration will bring significant changes to regulatory policy as it relates to the asset management industry, and private funds, in particular...more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - April 2024 - 2

Securities and Exchange Commission. Cryptocurrency regulation. On April 23, 2024, two groups representing the cryptocurrency industry sued SEC over its expanded dealer definition announced earlier this year. The Blockchain...more

Procopio, Cory, Hargreaves & Savitch LLP

What to Expect from the SEC’s Examination Focus in 2024

Investment advisers, broker-dealers, fund managers and other financial professionals could be impacted in 2024 by the U.S. Securities and Exchange Commission’s (SEC) continued focus on upcoming examinations. The SEC unveiled...more

Lowenstein Sandler LLP

Material Investment Management Developments and Template Annual Compliance Checklists for Registered Investment Advisers, Exempt...

Summaries of recent legislative and regulatory developments with respect to: •SEC’s 2022 Examination Priorities • Proposed Amendments to Form PF Requirements- •Proposed New Rules Applicable to Private Fund Advisers and...more

Snell & Wilmer

To the Moon After All? DOL Targets Cryptocurrency in Retirement Plans

Snell & Wilmer on

In Compliance Assistance Release No. 2022-01 (the “Release”), the Department of Labor (the “Department”) signaled its intention to scrutinize inclusion of cryptocurrency assets and crypto-derivative products as investments in...more

Morgan Lewis - ML Benefits

DOL Calls for ‘Extreme Care’ Before 401(k) Plans Dive into Cryptocurrency Investments

Cryptocurrency investing has experienced a tidal wave of popularity since the fabled genesis of Bitcoin in 2009. This growth has been fueled by “extreme” investment returns (despite “extreme” volatility) and innovative means...more

King & Spalding

DOL Expresses Extreme Skepticism About Allowing 401(k) Plan Participants to Invest in Cryptocurrency

King & Spalding on

On March 10, 2022, the U.S. Department of Labor (the “DOL”) issued Compliance Assistance Release No. 2022-01 (the “Release”) regarding 401(k) plan participant-directed investments in cryptocurrencies. The Release “cautions...more

Morgan Lewis - ML Benefits

Department of Labor Teases Cryptocurrency Interest

Hinting that the US Department of Labor (DOL) is currently working on guidance related to cryptocurrency, the Acting Assistant Secretary for the DOL’s Employee Benefits Security Administration recently commented that the DOL...more

Akin Gump Strauss Hauer & Feld LLP

Investment Management Special Report - 2017-18 Compliance Developments & Calendar for Private Fund Advisers

Introduction - Despite an anticipated de-regulatory push, there are significant new regulatory concerns for investment advisers to address in connection with their annual review of their compliance manuals. ...more

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