News & Analysis as of

Defined Contribution Plans 401k

Akerman LLP - HR Defense

What Employers Should Know About Trump’s Executive Order on Expanding Access to Alternative Assets in 401(k) Plans

Employer sponsored 401(k) investment menu offerings may be getting richer in diversified assets, including private equity, cryptocurrency, and other alternative asset investments, based upon a recent executive order signed by...more

Frost Brown Todd

Retirement Dollars Could Fuel the Next Retail and Real Estate Investment Boom

Frost Brown Todd on

More than 90 million Americans participate in employer-sponsored defined contribution plans like 401(k)s, which have traditionally been limited to conventional investments such as stocks, bonds, and mutual funds. However, the...more

Carlton Fields

New SEC Staff Guidance Furthering Policies of Trump Defined-Contribution Plan Executive Order

Carlton Fields on

On August 7, President Trump signed Executive Order 14330, titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order states that the SEC shall “consider ways to facilitate access to investments in...more

Proskauer - Regulatory & Compliance

What to Expect When You’re Expecting New Investors — Practical Steps Fund Managers Can Take to Prepare for Investments from...

Historically, investments in private funds have been reserved for large institutions, defined benefit pension plans, sovereign wealth funds and very wealthy individuals. In recent years, though, the notable difference in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

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

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

K&L Gates LLP

United States: US$12.2 Trillion Opportunity–Executive Order Paves the Way for Easier 401(k) Plan Access to Alternative Investments

K&L Gates LLP on

On 7 August 2025, President Trump signed an executive order intended to modernize the 401(k) investment universe, directing the Secretary of Labor to clarify the US Department of Labor’s (DOL) position on fiduciary duties in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The DOL is Right to Scrap the Annuity Safe Harbor

The Insured Retirement Institute (IRI) is once again carrying water for the annuity industry, this time urging the Department of Labor to retain a regulatory safe harbor that’s already obsolete. The safe harbor in question,...more

Carlton Fields

New Kids on the Blockchain: Cryptocurrencies in 401(k) Accounts

Carlton Fields on

Department of Labor (DOL) watchers have experienced regulatory whiplash in recent years. During the Biden administration, for example, the DOL issued Compliance Assistance Release (CAR) No. 2022-01, which flouted its...more

Hall Benefits Law

President Signals Policy Shift With High Stakes for 401(k) Plans

Hall Benefits Law on

On August 7, 2025, the Trump administration issued an executive order directing federal agencies to broaden retirement plan participants’ access to alternative assets—including cryptocurrency, private equity, private credit,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Just Push Play: The Fiduciary Reality Check For 401(k) Plan Sponsors

I t was 2001 when Aerosmith dropped Just Push Play, and while it was no Rocks or Toys in the Attic, it packed a punch. That title track? A distorted, energetic anthem about dropping the hesitation and just going forward. No...more

Carlton Fields

Painting Outside the Lines: New Strokes in ERISA Forfeiture Litigation

Carlton Fields on

ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more

Fox Rothschild LLP

Trump Executive Order Calls for Review of Alternative Assets in 401(k) Plans

Fox Rothschild LLP on

President Trump has issued an Executive Order (EO) that could reshape how alternative assets are treated in defined contribution retirement plans. The directive requires the Department of Labor (DOL) to revisit its past...more

Brownstein Hyatt Farber Schreck

Trump Administration Begins Swift Implementation of 401(k) EO

The Trump administration is moving quickly to implement the president’s Aug. 7 executive order (EO) to expand retirement savers’ access to alternative investments in private markets through defined contribution (DC) plans,...more

A&O Shearman

Alts for All: Administration Acts to Open 401(K) Plans to New Asset Classes

A&O Shearman on

On August 7, 2025, President Trump issued an Executive Order (Order) aimed at easing the path for ERISA fiduciaries to make “alternative asset” investments available to participant-directed defined contribution plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Trump Executive Order to broaden 401(k) access to private equity and Crypto, fiduciaries beware

I love Bitcoin. I love private equity. They’re two of my favorite investments, personally. But when it comes to 401(k) plan participants? I hate them. Not because the asset classes themselves are bad, they’re not. But because...more

McDermott Will & Schulte

Trump EO seeks to expand access to alternative investments in retirement plans

On August 7, 2025, President Trump issued an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order seeks to clarify the obligations of Employee Retirement Income Security Act...more

Jackson Lewis P.C.

A Fiduciary’s Next Steps After Trump’s August 2025 Executive Order: Opening the 401(k) Door to Alternative Investments

Jackson Lewis P.C. on

On August 7, 2025, President Donald J. Trump issued an Executive Order designed to broaden access to alternative investments, such as private equity, commodities, real estate, and certain digital assets, for participants in...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

ArentFox Schiff

EO Seeks to Expand Access to Alternative Asset Investments in Retirement Plans

ArentFox Schiff on

On August 7, the White House issued an Executive Order (EO) aimed at broadening Americans’ access to alternative asset investments within employer-sponsored defined-contribution retirement plans, such as 401(k) plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Mutual Fund Fees Hit Historic Lows—Again

The Investment Company Institute (ICI) just confirmed what many of us have seen on the ground: 401(k) mutual fund fees keep dropping, and that’s great news for plan participants....more

Miller Canfield

New Executive Order Seeks to Facilitate Alternative Investments in 401(k) Plans

Miller Canfield on

On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” This Executive Order has the potential to significantly change how retirement savings...more

Patterson Belknap Webb & Tyler LLP

DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

On August 7, 2025, President Trump issued an Executive Order (the “Order”) designed to increase access to investment in certain Alternative Assets (defined below), including private equity, through Internal Revenue Code...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

Cooley LLP

Private Equity and Venture Capital Investments for 401(k) Plans?

Cooley LLP on

On August 7, President Donald Trump signed an executive order (Democratizing Access to Alternative Assets for 401(k) Investors) that has been widely – and mistakenly – reported to open 401(k) plan assets to “alternative...more

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