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Employee Retirement Income Security Act (ERISA) Private Equity Department of Labor (DOL)

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

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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

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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!

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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

Morrison & Foerster LLP

Executive Order Targets Access to Alternative Assets in Retirement Plans

On August 7, 2025, President Trump signed an Executive Order (the “Order”) aiming to facilitate the use of alternative investment assets, such as private equity, real estate, venture capital, digital assets, and hedge funds,...more

McGuireWoods LLP

The Thoughtful Fiduciary’s Guide to Alternative Assets for 401(k) Investors

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President Donald Trump issued an Executive Order on Aug. 7, 2025, expanding access for 401(k) plan investors to alternative assets. This alert provides a summary of what the order does and does not do, and offers fiduciaries...more

Holland & Hart - The Benefits Dial

I Might Be In Oklahoma But I’m Not OK … Fiduciary Considerations Following Executive Order Allowing Private Equity in 401(k)s

Last week the White House issued an executive order directing the Department of Labor (DOL) and Securities and Exchange Commission (SEC) to facilitate 401(k) participants’ access to alternative investments, including private...more

Seward & Kissel LLP

Democratizing Access to Alternative Assets for 401(k) Investors

Seward & Kissel LLP on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” which instructs the Department of Labor (DOL) and the Securities and Exchange Commission...more

Davis Wright Tremaine LLP

Is Your Defined Contribution Plan Ready for Alternative Assets?

President Trump has issued an Executive Order ("Order") to enable defined contribution plans (e.g. 401(k) and 403(b) plans) to invest in "alternative assets," such as private equity, real estate and digital assets. The Order...more

Brownstein Hyatt Farber Schreck

White House Releases Executive Order Expanding Access to Alternative Assets in Retirement Plans

On Aug. 7, President Trump signed an executive order (EO) titled “Democratizing Access to Alternative Assets for Retirement Savers,” directing the Department of Labor (DOL) and other federal agencies to facilitate broader...more

Mayer Brown

President Trump Signs Executive Order Seeking to Expand Availability of Alternative Assets in 401(k) Plans

Mayer Brown on

On August 7, 2025, President Donald Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Order”), which encourages the US Department of Labor (“DOL”) and other federal...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

Ropes & Gray LLP

Planning to Take Advantage of Executive Order on Alternatives in 401(k)s: Five Key Takeaways and Five Action Items for Managers

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On August 7, 2025, President Trump issued a long-rumored executive order (the “Order”) that calls for expanded access to private equity and other alternative investments for 401(k) plans and their participants. The Order...more

Bond Schoeneck & King PLLC

The Trump Private Equity Order: What Plan Fiduciaries Need to Know Now

Background - On Aug. 7, 2025, the president issued an executive order that may result in an expansion in the types of holdings common in 401(k), 403(b) and other defined contribution plans....more

Mayer Brown Free Writings + Perspectives

White House Issues Executive Order Broadening Access to Permanent Capital Vehicles

On August 7, 2025, the White House issued an executive order intended to expand access to alternative assets through retirement plan vehicles.  The initiative reflects a broader regulatory shift toward facilitating retail...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

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

Seyfarth Shaw LLP

So, How Can Participants Invest Their Retirement Money?

Seyfarth Shaw LLP on

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Association of Insurance Commissioners (NAIC) 2022 Summer Meeting Summary

The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) 2022 Summer National Meeting which was held in Portland, Oregon on August 9-13th. We have...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL issues caution on private equity investments

The Department of Labor (DOL) has cautioned plan fiduciaries about private equity investments as components of investment options, such as target-date or balanced funds. ...more

Kilpatrick

401(k) Plan Investments: ESG, Private Equity and Cryptocurrency

Kilpatrick on

Many employers desire to offer innovative investments in their 401(k) plans as a way to enhance the plan’s value, attract talent and appeal to a younger workforce. But decisions regarding investment options are subject to...more

Jackson Lewis P.C.

Private Equity Investments In 401(K) Plans – The DOL Says Not So Fast

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Hot button ERISA fiduciary issues remain a focus for investment committees of 401(k) plans in 2022. From “excessive” fee litigation – including litigation over the duty to monitor the fees charged by various mutual funds...more

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