News & Analysis as of

Employee Retirement Income Security Act (ERISA) Executive Orders 401k

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

Goodwin

Trump Administration’s Executive Order to Facilitate Availability of Alternative Assets in Defined Contribution Plans: What Does...

Goodwin on

On August 7, 2025, the Trump Administration issued a long-awaited executive order (the “Executive Order”) to encourage sponsors of 401(k) and other participant-directed defined-contribution plans that are governed by the...more

Proskauer - Employee Benefits & Executive...

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

On August 7, 2025, President Trump signed an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”), which directs the Department of Labor (the “DOL”) and the...more

Akin Gump Strauss Hauer & Feld LLP

Democratizing Access To Alternative Assets For 401(K) Investors (Trump EO Tracker)

This executive order directs the Department of Labor to reevaluate and clarify its guidance under ERISA regarding fiduciary duties related to including alternative assets in 401(k) retirement plans. It aims to expand access...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

Jackson Walker

2025 Regulatory Review: Implications for Retirement Plans and Employer Actions

Jackson Walker on

The first few months of 2025 brought the potential for many changes. On January 20, 2025, one of the Executive Orders pulled back all proposed regulations that had been issued in the last 60 days, including proposed...more

Mintz

The time is now to get acquainted with the issues concerning the future of money and digital assets

Mintz on

The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus...more

Verrill

Department of Labor Guidance and Federal Initiatives Counsel a Wait-and-See Approach for 401(k) Plan Fiduciaries Interested in...

Verrill on

On March 10, 2022, the Department of Labor published Compliance Assistance Release 2022-01, 401(k) Plan Investments in “Cryptocurrencies”. The Release strongly discourages the addition of cryptocurrency (and other digital...more

K&L Gates LLP

DOL Release Warns About Cryptocurrency in 401(k) Plans

K&L Gates LLP on

The Department of Labor (DOL) recently issued a Release that warns about cryptocurrency use in 401(k) plans. The Release raises a number of concerns, including troubling implications for fiduciary duties with respect to...more

Flaster Greenberg PC

New ERISA Regulation Expands Access to 401(k) Plans for Small Employers

Flaster Greenberg PC on

In response to an Executive Order issued by the President last year directing regulatory action to expand access to workplace retirement plans, the U.S. Department of Labor (DOL) issued final regulations on the definition of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Advisors Advantage - September 2018

Some Hard Truths About The Retirement Plan Business. The truth, the hard truth. What makes me a very unpopular person in the retirement plan business and synagogue is that I'm very opinionated and I like to call it...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2017

Proskauer Rose LLP on

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

Littler

Appropriations Subcommittee Rejects Efforts to Strip Funding Bill of Pro-Employer Riders

Littler on

The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a...more

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