News & Analysis as of

Fiduciary Duty 401k Trump Administration

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

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

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

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Mayer Brown

A Return to Investment Neutrality? DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies

Mayer Brown on

On May 28, 2025, the US Department of Labor (the “Labor Department”) issued Compliance Assistance Release No. 2025-01 (the “2025 Release”), memorializing the Labor Department’s decision to rescind Compliance Release No....more

Kilpatrick

5 Key Takeaways | Plan Investments and Fiduciary Risk Mitigation in the Trump Era

Kilpatrick on

The landscape for retirement plan investments and fiduciary risks is shifting in the early part of the second Trump Administration, both due to changes in the administration’s policies and developments in the courts....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL changes? Maybe not so fast

With the change of Presidential administrations, there was certainly a discussion on what the Department of Labor (DOL) may do under President Trump regarding 401(k) plans. As far as regulations, an Executive Order may halt...more

Jackson Walker

ERISA Alert: An Update on Health and Welfare and Retirement Plans

Jackson Walker on

Health and Welfare Plan Update - It is 9:00 p.m., do you know where your health plan data is? As IT systems continue to expand, and data is accessed, moved and stored in many new and different ways, the Office for Civil...more

Proskauer Rose LLP

ERISA Newsletter - First Quarter 2017

Proskauer Rose LLP on

After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Change in Administration Presents Opportunity to Revisit DOL Fiduciary Rule"

In 2016, regulatory developments introduced fundamental changes in the legal standards that govern the relationship of broker-dealers with their customers. Although the changes are not applicable until April 10, 2017, most in...more

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