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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

Patterson Belknap Webb & Tyler LLP

New DOL Guidance for Retirement Plans on Cryptocurrency and ESG Investments

Patterson Belknap Webb & Tyler LLP on

The new administration has recently taken steps to revise guidance with respect to two retirement plan investment options: cryptocurrency, and funds focusing on environmental, social, and governance (“ESG”) factors. These two...more

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

A&O Shearman on

In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

SEC Compliance Consultants, Inc. (SEC³)

Advisers’ Year-End Checklist for 2024

SEC Compliance Consultants, Inc. (SEC³) on

Compliance officers love checklists, so we’ve put together some “to dos” to consider completing before the end of the year. Enjoy!...more

Paul Hastings LLP

Pecuniary vs. Nonpecuniary Factors: Understanding the Potential Scope of Anti-ESG Restrictions in U.S. State Laws

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Executive Summary and Overview- State anti-ESG lawmakers have enacted legislation aimed at restricting investors from considering ESG factors in their investment strategies and decisions by requiring state financial...more

Bracewell LLP

DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

Bracewell LLP on

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the...more

Holland & Hart - The Benefits Dial

Can’t Touch This … DOL Discourages Plans From Investing in Cryptocurrency

Holland & Hart - The Benefits Dial on

Among the many phrases of ERISA, one that is familiar to investment fiduciaries is the requirement to choose investments with the care, skill, prudence, and diligence that a prudent person who is familiar with such matters...more

Carlton Fields

Intel’s Intel Doesn’t Prove Actual Knowledge: Court Rejects Short ERISA Statute of Limitations

Carlton Fields on

On February 26, the U.S. Supreme Court in Intel Corporation Investment Policy Committee v. Sulyma unanimously held that participants are not presumed to read retirement plan investment information....more

Carlton Fields

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation Q&A #2 - Q&As on Annuity Sales Practices,...

Carlton Fields on

Last month, we wrote about potential litigation issues under the “revised temporary” DOL Rule involving the offer and sale of annuities in the IRA market. This paper continues that discussion. I emphasize to the reader that...more

Burr & Forman

Will the DOL Fiduciary Duty Rule’s Implementation be Delayed?

Burr & Forman on

In 2016, the U.S. Department of Labor (DOL) issued its final rule expanding the “investment advice fiduciary” definition under ERISA and modified the complex of prohibited transaction exemptions for investment activities as a...more

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