News & Analysis as of

Fiduciary Duty Investment Cryptocurrency

Snell & Wilmer

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

Snell & Wilmer on

In Compliance Assistance Release 2025-01 (the “Release”), the Department of Labor (the “Department”) rescinded its prior guidance that cautioned fiduciaries against offering cryptocurrency investments in their retirement...more

Troutman Pepper Locke

Federal Agencies Release Guidance on Crypto-Asset Safekeeping for Banks

Troutman Pepper Locke on

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.

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

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

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

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

Seward & Kissel LLP

401(k) Plan Investments in Digital Assets

Seward & Kissel LLP on

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

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

Woods Rogers on

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

Ropes & Gray LLP on

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

Troutman Pepper Locke

The SEC’s Division of Examinations Announces 2025 Priorities

Troutman Pepper Locke on

On October 21, the Securities and Exchange Commission’s (SEC) Division of Examinations announced its 2025 examination priorities (2025 guidance) for registered investment advisers and investment companies, broker-dealers,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Fall 2023

Boards routinely confront an array of difficult issues. In this issue of The Informed Board, we tackle four of the thorniest and most topical: - How to preserve the integrity of a deal process where a key fiduciary (say,...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Senator wants crypto option, good luck

As Bitcoin starts inching back up, I’m in the black again and expect more clamor for crypto options in 401(k) plans. Senator Tommy Tuberville, R-Alabama, reintroduced legislation to create a law, the Financial Freedom Act...more

Walkers

Issues and Strategies: Trustees, Digital Assets and Fiduciary Duties

Walkers on

Notwithstanding the turbulent past few months, which have seen roughly $2 trillion worth of value disappear from the digital asset ecosystem, we are still seeing an increase in enquiries by high net worth individuals...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

Holland & Hart - The Benefits Dial

Every Little Thing … Considerations Before Adding Crypto to a 401(k) Plan

Fidelity Investments recently announced that it will offer its 401(k) plan clients the opportunity to offer bitcoin as a 401(k) plan investment option later this year. While this may sound intriguing to some plan fiduciaries...more

McDermott Will & Emery

When Are Cryptocurrencies Appropriate Investments for Retirement Plans and IRAs? DOL Cautions 401(k) Plan Fiduciaries to Exercise...

Cryptocurrencies and digital assets—such as bitcoin, ether and non-fungible tokens (NFTs)—have become some of the hottest investment products in recent years. The growing interest has inevitably led to retirement plan...more

Vedder Price

Investment Services Regulatory Update - February 2018

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

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