News & Analysis as of

Retirement Plan Cryptocurrency Employee Retirement Income Security Act (ERISA)

Lathrop GPM

New Executive Order Opens the Door for Alternative Assets as 401(k) Plan Options

Lathrop GPM on

On August 7, 2025, President Trump signed an Executive Order entitled, Democratizing Access to Alternative Assets for 401(K) Investors (“the EO”), which directs the U.S. Securities and Exchange Commission and the Department...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bitcoin Over $120K? That Doesn’t Mean It Belongs in Your 401(k)

Bitcoin has blown past $120,000 and, predictably, the buzz is back. Advisors are getting questions. Participants are curious. And yes, some plan sponsors are starting to wonder if it’s time to add crypto to their 401(k)...more

Seyfarth Shaw LLP

So, How Can Participants Invest Their Retirement Money?

Seyfarth Shaw LLP on

Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust...more

Latham & Watkins LLP

US Government Reopens Discussion of Private Pension Investments Expectations

Latham & Watkins LLP on

The Department of Labor has taken two recent actions that indicate where the approach to retirement investment policy may go under the new administration....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL Walks Back Crypto Chill: A Return to Fiduciary Neutrality

The Department of Labor’s Employee Benefits Security Administration (EBSA) released Compliance Assistance Release No. 2025-01. For those of us keeping track at home, this new guidance effectively rescinds the now infamous...more

Goodwin

DOL Abandons ESG Rule in Investment Duties Regulation; Rescinds Cryptocurrency Guidance

Goodwin on

On May 28, 2025, the U.S. Department of Labor (DOL) took two major steps that signal a shift in its approach to fiduciary oversight under the Employee Retirement Income Security Act of 1974, as amended (ERISA)....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

Polsinelli

DOL Rescinds 2022 Guidance Concerning Cryptocurrency Investments in 401(k) Plans

Polsinelli on

On May 28, 2025, the Department of Labor (DOL) rescinded its 2022 guidance that cautioned retirement plan fiduciaries to exercise “extreme care” in permitting cryptocurrency and other digital asset investments in retirement...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

K&L Gates LLP

United States: Department of Labor ESG and Cryptocurrency-Related Matters

K&L Gates LLP on

The Department of Labor will engage in new rulemaking to replace Biden era regulations labeled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” that allowed plan fiduciaries may consider...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

Parker Poe Adams & Bernstein LLP

Labor Department Shifts Positions on ESG Investments and Cryptocurrencies in 401(k) Plans

As anticipated, the Department of Labor (DOL) recently changed its position with respect to certain investment choices that 401(k) plan fiduciaries sometimes consider or make available to plan participants, including...more

Ropes & Gray LLP

Trump DOL Withdraws Biden-Era ESG Rule and Crypto Guidance for ERISA Plans

Ropes & Gray LLP on

On May 28, 2025, the U.S. Department of Labor (“DOL”) began to articulate the Trump administration’s retirement policy priorities with its decisions to (i) end its defense of the Biden-era ESG rule in a long-running lawsuit...more

Eversheds Sutherland (US) LLP

Benefits Catch-Up - Q1 2025

With so much happening in the employee benefits world over the last few months, we bring you Benefits Catch-Up, our catch-up contribution to help you keep up with recent developments. Eversheds Sutherland’s US Employee...more

Lathrop GPM

The “Deregulatory Initiative” Executive Order: Impact on Employee Benefit Plans

Lathrop GPM on

A February 19 Executive Order, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” is aimed at directing the “Administration to focus the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

ForUsAll teams up for Bitcoin offering

May fortune favor the bold. I have to say something nice because I wouldn’t attempt a Bitcoin offering with the Department of Labor (DOL) against it. Bitwage announced a partnership with ForUsAll to offer a one-stop shop for...more

Kerr Russell

A Fair Warning: 401(k) Plan Sponsors May be Hard-Pressed to Defend Addition of Cryptocurrency Investment Option

Kerr Russell on

The U.S. Department of Labor (DOL) published guidance earlier this year warning fiduciaries who administer retirement plans to “exercise extreme care” when considering whether to include cryptocurrency as a plan investment...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Timing is everything

Remember when there was the beanie baby craze and people would open stores that only sold beanie babies? Same when everyone but my parents opened up a video rental store before Blockbuster killed them all. Timing is...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You can’t afford to live on the edge

One of the reasons I’ve stayed out of trouble in the retirement plan space is that I haven’t strayed too close to the sun. I’ve avoided trouble by not pushing the boundaries of the rules and regulations promulgated by the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I wouldn’t try reading too much into the DOL crypto guidance

One of the problems with a Department of Labor (DOL) guidance, there are certain professionals who read too much into things....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto guidance doesn’t threaten brokerage windows

New cryptocurrency guidance from the Labor Department (DOL) had made people wary that they threaten brokerage windows. I disagree....more

Mintz

The time is now to get acquainted with the issues concerning the future of money and digital assets

Mintz on

The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus...more

Bond Schoeneck & King PLLC

DOL Expresses Extreme Concern Over Prudence of Cryptocurrency Investments in 401(k) Plans

On March 10, 2022, the United States Department of Labor (DOL) published Compliance Assistance Release No. 2022-01 (Release) addressing “cryptocurrency” investment in 401(k) retirement plans. In its Release, the DOL expressed...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I’ll say it, don’t allow crypto in your 401(k) plan

In the movie Casino, Robert DeNiro as Sam Rothstein wanted to take on the Nevada Gaming Board after they denied his request for his license. Andy Stone, a Teamster controlled by the Mafia and played by Alan King told him it...more

47 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide