News & Analysis as of

Fiduciary Duty Private Equity Funds Investment Management

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Private Markets in 401(k) Plans: An Opportunity or a Pandora’s Box?

A new Empower survey has made some waves in the retirement plan industry. According to their July 2025 survey, a striking 68% of advisors already use private market investments—things like private equity, private credit, and...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for June 2024

Private Fund Rules Cancelled, Survey Says Marketing Rule is a Lot of Work and the Intersection of Regulation BI and Investment Adviser’s Fiduciary Duty - Welcome to our June Regulatory Roundup, where we provide you with a...more

McDermott Will & Schulte

DOL: Path for 401(k) Plans to Offer Private Equity Investment Options

The US Department of Labor (DOL) issued an information letter in June 2020 indicating that, in limited circumstances, it will allow defined contribution retirement plans (such as 401(k) plans) to indirectly invest in private...more

Epstein Becker & Green

DOL Provides Guidance for Private Equity Investments in 401(k) Plans

Epstein Becker & Green on

Employers that are fiduciaries of participant-directed individual account plans (such as 401(k) plans) subject to the Employee Retirement Income Security Act of 1974, as amended (‘Plans” and “ERISA”, respectively) should be...more

Burr & Forman

DOL Cracks Open the Door for Private Equity in 401(k) Plans

Burr & Forman on

The U.S. Department of Labor (the “DOL”) recently released an information letter that concludes, if certain conditions are met, a plan fiduciary will not violate his fiduciary duties under the Employee Retirement Income...more

Ballard Spahr LLP

Investment Management Update - October 2015

Ballard Spahr LLP on

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. Schwab...more

King & Spalding

SEC Steps Up Scrutiny On Private Fund Fee Allocation Practices

King & Spalding on

In two recent cases, the Securities and Exchange Commission (the SEC) has made clear that it has increased its focus on private funds and their allocation of fees and expenses. In the most recent, the SEC entered an order on...more

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