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DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

Patterson Belknap Webb & Tyler LLP on 8/15/2025

On August 7, 2025, President Trump issued an Executive Order (the “Order”) designed to increase access to investment in certain Alternative Assets (defined below), including private equity, through Internal Revenue Code...more

Executive Order Calls for More Access to Retirement Plan Alternative Asset Investment Options

Holland & Knight LLP on 8/14/2025

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

Executive Order Seeks to Expand Access to Crypto and Private Investments in Defined-Contribution Plans

Ballard Spahr LLP on 8/14/2025

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

Trump Administration Executive Order Aims to Expand 401(k) Access to Private Markets, Alternative Investments

Alston & Bird on 8/13/2025

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

Executive Order Targets Access to Alternative Assets in Retirement Plans

Morrison & Foerster LLP on 8/13/2025

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

Executive Order Seeks to Promote Incorporation of Alternative Assets in 401(k) Plans

King & Spalding on 8/12/2025

On August 7, 2025, President Trump issued an executive order entitled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Executive Order”),1 requiring the Department of Labor (“DOL”) and the Securities...more

U.S. Department of Labor Updates: Yes to Crypto and No to ESG?

King & Spalding on 6/2/2025

On May 28, 2025, the U.S. Department of Labor (“DOL”) provided updated guidance on two employee benefit plan-related investment areas: (1) cryptocurrency and (2) environmental, social, and governance (“ESG”) investing....more

Trump Administration Will Replace the Biden Administration's Department of Labor Rule Permitting ESG Investing

Mintz on 6/2/2025

3 Under the Biden Administration, the Department of Labor ("DOL") had issued a rule that permitted ESG factors to be considered when making investments on behalf of 401(k) plans. (This rule had replaced an earlier one from...more

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

Proskauer - Employee Benefits & Executive... on 5/30/2025

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

Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged "ESG Investing" Without Any ESG Funds

Troutman Pepper Locke on 5/16/2025

On January 10, 2025, in Spence v. American Airlines, a federal district court in Texas ruled that American Airlines (the company) and the committee overseeing its 401(k) plans (the committee) breached their duty of loyalty...more

Surprise. Nasdaq 100 survey shows demand for Nasdaq 100 fund

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 5/13/2025

Nothing surprises me much anymore, neither should the results of the survey that a Nasdaq 100 survey supports the inclusion of Nasdaq 100 index funds....more

Judge Finds American Airlines Breached its Fiduciary Duty of Loyalty by Allowing Investment Manager to Prioritize ESG Goals with...

Fenwick & West LLP on 1/20/2025

On January 10, 2025, the U.S. District Court for the Northern District of Texas found that American Airlines and its employee benefit committee (EBC) breached their fiduciary duty of loyalty under the Employee Retirement...more

IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees

The Wagner Law Group on 12/26/2024

In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in Internal Revenue Code (“Code”) Section 403(b) plans subject...more

IRS Announces 2025 Retirement Plan Limits: Modest Increases

Troutman Pepper Locke on 11/5/2024

The Internal Revenue Service announced the 2025 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living...more

Interim Guidance on Matching Qualified Student Loan Payments

Patterson Belknap Webb & Tyler LLP on 9/5/2024

Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated...more

Qualcomm fails to get forfeiture case tossed

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 6/24/2024

A federal judge in San Diego rejected Qualcomm Inc.’s motion to dismiss a lawsuit by a 401(k) plan participant over forfeitures....more

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on 6/21/2024

Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Corporate Communicator - 2024 Annual Meeting Season

Snell & Wilmer on 1/2/2024

Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that...more

2023 Year-End Employee Benefits Updates

Quarles & Brady LLP on 11/16/2023

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements...more

IRS Announces 2024 Retirement Plan Limits: Modest Increases

Troutman Pepper Locke on 11/14/2023

The Internal Revenue Service announced the 2024 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living...more

Retirement Plan Amendments and 2023 Year-End Action Items

Alston & Bird on 11/6/2023

Our Employee Benefits & Executive Compensation Group reminds plan sponsors to get ready for 2023 IRS year-end amendments and offers year-end action items....more

IRS Announces 2024 Dollar Limitations for Retirement Plans

Parker Poe Adams & Bernstein LLP on 11/6/2023

The IRS has announced the 2024 annual dollar limitations for retirement plans based on the applicable cost-of-living adjustment guidelines, with increases in many of the limits. The annual limit for elective deferrals to...more

IRS Announces 2024 Employee Benefit Plan Limits

McDermott Will & Schulte on 11/2/2023

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2024. Certain health and welfare plan limits...more

Podcast: Cybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the Hackers

Nossaman LLP on 10/6/2023

With recent well-publicized data breaches impacting pension systems and their retirees nationally, as well as increased Department of Labor scrutiny surrounding cybersecurity policies and procedures implemented by ERISA...more

Don’t Make The Mistake Of Making The Two Top Payroll Providers Your 401(k)’s TPA

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 6/12/2023

As a plan sponsor, hiring one of the two biggest national payroll providers as your 401(k) plan’s third-party administrator (TPA) sounds like a great idea, except it isn’t. As an ERISA attorney who does quite well in practice...more

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