News & Analysis as of

Employee Benefits 401k Department of Labor (DOL)

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bank of America’s Forfeiture Case Survives Motion to Dismiss

One of my favorite movie scenes in Donnie Brasco is when Lefty and the crew bust open city parking meters for dimes because they’ve got to make their weekly nut. Sometimes, I feel like ERISA litigation is the same thing,...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

Keating Muething & Klekamp PLL

Benefits Monthly Minute - August 2025

The August Monthly Minute brings you the latest guidance on ERISA retirement plan investment in alternative assets and highlights a recent ruling in mental health parity nonquantitative treatment limitation (NQTL) litigation....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Small Employers + PEPs: The DOL Wants Your Input

The Department of Labor’s Employee Benefits Security Administration (EBSA) just dropped an RFI (RIN 1210–AC10) and some limited guidance on pooled employer plans (PEPs), asking for public input, especially from small...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

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

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

Haynes Boone

DOL Rescinds its Prior Guidance on Alternative Assets in 401(k) Plans

Haynes Boone on

On August 12, 2025, the DOL issued a press release (the “Release”) announcing that it is rescinding its prior guidance regarding the use of alternative assets as an investment option under a 401(k) plan’s investment menu....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

Haynes Boone

Trump Administration Issues Executive Order Regarding 401(k) Plan Investments in Alternative Assets

Haynes Boone on

On August 7, 2025, the Trump Administration issued an executive order to provide 401(k) plan participants with greater access to invest in “alternative assets” (the “Executive Order”). Pursuant to the Executive Order,...more

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

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

Morgan Lewis - ML Benefits

Latest Executive Order Could Redefine Retirement Investing

The US administration recently issued an executive order to expand access to alternative investments in ERISA-governed retirement accounts. The order titled Democratizing Access to Alternative Investments for America's...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

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

Troutman Pepper Locke on

On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Epstein Becker & Green

We’re Not in Kansas Anymore: ESG, Cryptocurrency, and Alternative Asset Investments in 401(k) Plans, Oh My!

Epstein Becker & Green on

What You Need to Know - The Trump Administration has shifted away from Biden-era rules related to certain investments, like alternative asset investments, ESG, and cryptocurrency in 401(k) plans....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

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

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

Jones Day on

A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

Verrill on

Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Forfeiture Fiasco: Why the DOL and Common Sense are on the Right Side of the HP Case

It’s not often you see the U.S. Department of Labor jumping into the legal ring to back plan sponsors, but when they do, you know something bigger is at stake than just one plan participant’s gripe. That’s exactly what...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bitcoin Over $120K? That Doesn’t Mean It Belongs in Your 401(k)

Bitcoin has blown past $120,000 and, predictably, the buzz is back. Advisors are getting questions. Participants are curious. And yes, some plan sponsors are starting to wonder if it’s time to add crypto to their 401(k)...more

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