News & Analysis as of

Fiduciary Duty Investment

Snell & Wilmer

A Return to Form: Department of Labor Walks Back Crypto Warning for 401(k) Plans

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In Compliance Assistance Release 2025-01 (the “Release”), the Department of Labor (the “Department”) rescinded its prior guidance that cautioned fiduciaries against offering cryptocurrency investments in their retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Overpaying for Underperformance: A Fiduciary Breakdown in Plain Sight

A massive new study by Abernathy-Daley covering nearly 58,000 corporate 401(k) plans delivered a simple—but startling—message: virtually every plan suffers from overpriced, underperforming funds. In fact, 99% of plans have at...more

Troutman Pepper Locke

Federal Agencies Release Guidance on Crypto-Asset Safekeeping for Banks

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On July 14, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (the Board), and the Federal Deposit Insurance Corporation (FDIC) jointly issued a statement addressing the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fee Savings from CITs in 403(b)s Could Cover 6 Months of Retirement—If Fiduciaries Pay Attention

Vanguard’s latest report makes a blunt point: allowing collective investment trusts (CITs) in 403(b) plans could save the median plan participant about 0.08% to 0.09% annually compared to mutual fund fees—translating into...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Josh Itzoe Launches Fiduciary U: A New Era in 401(k) Committee Education

Let me be honest: most fiduciary training out there is about as exciting as watching paint dry in a compliance office. It’s often a checkbox exercise—generic, outdated, and completely divorced from the real-world problems...more

Ropes & Gray LLP

District Court Strikes Down $40 Million Settlement Agreement in Target Date Funds Case Based on Parallel SEC Settlement

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On May 19, 2025, the United States District Court for the Eastern District of Pennsylvania (the “Court”) denied final approval of a $40 million proposed settlement in a major class action lawsuit against The Vanguard Group,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t Offer Bitcoin In Your 401(k) Plan

As someone who has spent two decades guiding retirement plan sponsors, fixing broken fiduciary processes, and protecting plan participants from ill-conceived ideas, I’ve seen many trends come and go in the 401(k) space. Some...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Another Year, Another Reminder: Fees Still Matter – Especially for Small Plans

The just-released 25th Edition of the 401k Averages Book confirms what many of us on the fiduciary side have known—and preached—for years: fees continue to fall, but not evenly. While this is welcome news, it’s also a wake-up...more

Mayer Brown

US Supreme Court Grants Review in One ERISA Case, and Has Now Called for Views of the Solicitor General in Two Other ERISA Cases

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Fresh off its April 17, 2025 decision in Cunningham v. Cornell University, the US Supreme Court is setting the stage to delve back into ERISA issues next Term. On Monday, the Court granted certiorari to resolve a circuit...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The 3 Cs: Why 401(k) Plan Sponsors Can’t Afford to Be Cheap, Controlling, and Clueless

After close to 30 years in this business—wearing the hats of TPA employee, ERISA attorney, plan document drafter, and occasional therapist to frantic plan sponsors—I’ve seen it all. The horror stories, the lawsuits, the...more

Hall Benefits Law

SCOTUS Revives Cornell 403b Lawsuit: What Fiduciaries Must Know

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Fiduciaries must treat plan management as an active compliance obligation to avoid legal exposure, says a Hall Benefits Law practitioner. On April 17, 2025, the US Supreme Court issued a unanimous per curiam opinion in...more

Farrell Fritz, P.C.

The Consequences of Deception: Defendant Hit With $4.5 Million Judgment After 12-Year “Wild Goose Chase Based on a Lie”

Farrell Fritz, P.C. on

“Down the ridiculous rabbit hole,” “magical math,” “smoke and mirrors,” “sixteen-year charade.” That’s how the plaintiff’s post-trial brief in Becker v Perla described the defendant’s reverse-field disavowal of his sworn...more

Walkers

Key considerations for trustees deciding whether to exercise their power of appointment

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Among a trustee's numerous powers, the exercise of its power of appointment is one it will most often be asked to consider exercising. It is also the power that will come under the most scrutiny from beneficiaries....more

Holland & Hart - The Benefits Dial

How Do You Like Me Now… Plan Fiduciary Considerations Following New DOL Crypto Guidance

The Department of Labor recently issued Compliance Assistance Release No. 2025-01 rescinding Compliance Assistance Release No. 2022-01 that directed 401(k) plan fiduciaries to exercise “extreme care” before adding...more

Alston & Bird

Navigating the Complexities of VEBA Asset Reallocation: Comprehensive Tax and ERISA Fiduciary Considerations

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Our Employee Benefits & Executive Compensation Group discusses how employers can use voluntary employees’ beneficiary association (VEBA) asset reallocations while meeting ERISA fiduciary obligations....more

Mayer Brown

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

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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

Pillsbury Winthrop Shaw Pittman LLP

U.S. Department of Labor Withdraws 2022 Crypto Guidance—What It Means for 401(k) Plan Fiduciaries

Crypto may be back on the table for 401(k) plans, but fiduciary duties remain as demanding as ever. On May 28, 2025, the U.S. Department of Labor Employee Benefits Security Administration (DOL) issued Compliance Assistance...more

Patterson Belknap Webb & Tyler LLP

New DOL Guidance for Retirement Plans on Cryptocurrency and ESG Investments

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

Mayer Brown

"Game-Changing" Pensions Reform – The Pension Schemes Bill is Published

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The long-awaited Pension Schemes Bill has been laid before Parliament. Described by the government as a "game changer", it aims to increase members' pension pots and deliver a £50 billion investment into the UK economy. The...more

Seward & Kissel LLP

401(k) Plan Investments in Digital Assets

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The Department of Labor (“DOL”) recently issued Compliance Assistance Release No. 2025-01 (the “Release”), reversing previous guidance that cautioned plan fiduciaries offering investments in digital assets in...more

Jackson Lewis P.C.

Cryptocurrency in 401(k): A Balanced Approach Returns

Jackson Lewis P.C. on

On May 28, 2025, the DOL released Compliance Assistance Release No. 2025-01. The 2025 CAR rescinds the DOL’s previous Compliance Assistance Release No. 2022-01 (2022 CAR), issued in 2022, which indicated an unfavorable DOL...more

Troutman Pepper Locke

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were...

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In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited...more

Proskauer - Employee Benefits & Executive...

DOL Rescinds 2022 Guidance Cautioning Against 401(k) Plan Investments in Cryptocurrencies

On May 28, 2025, the Department of Labor (“DOL”) issued Compliance Assistance Release No. 2025-01 which rescinds the DOL’s prior Compliance Assistance Release No. 2022-1 which had warned 401(k) plan fiduciaries against adding...more

Woods Rogers

ESBA No Longer Discourages Crypto Investments in 401(k) Plans

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Employee Benefits Security Administration (EBSA) Rescinds Prior Guidance Limiting 401(k) Plan Investments in Cryptocurrencies Since March of 2022, the Department of Labor (DOL) operated under the guidance of the Compliance...more

Ropes & Gray LLP

SEC Speaks 2025: Key Takeaways from Division of Enforcement Panels

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The SEC’s Division of Enforcement intends to remain a “cop on the beat,” and will refocus on traditional core enforcement areas, such as insider trading, accounting and disclosure fraud, market manipulation, and breaches of...more

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