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Trump Administration Employee Retirement Income Security Act (ERISA) Executive Orders

Haynes Boone

Trump Administration Issues Executive Order Regarding 401(k) Plan Investments in Alternative Assets

Haynes Boone on

On August 7, 2025, the Trump Administration issued an executive order to provide 401(k) plan participants with greater access to invest in “alternative assets” (the “Executive Order”). Pursuant to the Executive Order,...more

Vedder Price

President Trump Signs Executive Order Seeking to Facilitate 401(k) Access to Private Funds and Digital Assets

Vedder Price on

On August 7, 2025, President Trump signed an executive order aimed at facilitating and expanding access to alternative investments — such as private equity, private credit, real estate and digital assets like cryptocurrency —...more

Seyfarth Shaw LLP

Executive Order Opens the Door to Alternative Assets in 401(k) Plans

Seyfarth Shaw LLP on

Shortly following our Legal Update regarding considerations for institutional investors investing in funds alongside retail investors, on August 7, 2025, President Trump issued an Executive Order (Order) entitled...more

Orrick, Herrington & Sutcliffe LLP

Labor Dept. permits fiduciaries to consider alternative investments for 401(k)s

On August 12, the U.S. Department of Labor’s Employee Benefits Security Administration rescinded guidance from December 2021 that discouraged fiduciaries from considering alternative assets in the list of investment options...more

Miller Canfield

New Executive Order Seeks to Facilitate Alternative Investments in 401(k) Plans

Miller Canfield on

On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” This Executive Order has the potential to significantly change how retirement savings...more

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

Troutman Pepper Locke on

On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Alston & Bird

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

Alston & Bird on

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

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

Jones Day on

A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Verrill

Coming Soon to Your 401(k) Plan: Tontines and Other Exotic Investments!

Verrill on

Participants in 401(k) plans and other defined contribution retirement plans may soon have the opportunity to invest their plan accounts in a variety of high-risk and potentially high-return assets. Touted as an effort to...more

Mayer Brown

President Trump Signs Executive Order Seeking to Expand Availability of Alternative Assets in 401(k) Plans

Mayer Brown on

On August 7, 2025, President Donald Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Order”), which encourages the US Department of Labor (“DOL”) and other federal...more

Carlton Fields

Plan Sponsor and Asset Manager Considerations Under 401(k) Alternatives Executive Order

Carlton Fields on

On August 7, 2025, President Trump signed an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors,” designed to open the use of alternative investments, including private equity and actively...more

Goodwin

Trump Administration’s Executive Order to Facilitate Availability of Alternative Assets in Defined Contribution Plans: What Does...

Goodwin on

On August 7, 2025, the Trump Administration issued a long-awaited executive order (the “Executive Order”) to encourage sponsors of 401(k) and other participant-directed defined-contribution plans that are governed by the...more

Proskauer - Employee Benefits & Executive...

Trump Signs Executive Order Directing the DOL and SEC to Facilitate 401(k) Plan Access to Alternative Assets

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

Jackson Lewis P.C.

Is the One Big Beautiful Bill Act an Employee Benefits Crystal Ball?

Jackson Lewis P.C. on

Takeaways- • Republicans in the U.S. House of Representatives attempt to deliver on President Trump’s campaign promises in the One Big Beautiful Bill Act (BBB or the Act), which passed the House by a razor-thin margin of...more

Carlton Fields

President Issues Regulatory Freeze: Will the DOL Fiduciary Rule Saga Continue?

Carlton Fields on

The regulatory pendulum has been swinging toward deregulation since Donald Trump was inaugurated last month. On his first day in office, January 20, 2025, President Trump issued a presidential memorandum titled “Regulatory...more

McDermott Will & Schulte

Trump Places DOL’s ESOP Proposals in Regulatory Moratorium

On January 16, 2025, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released two pieces of guidance that, if finalized, would dramatically change the landscape for fiduciaries responsible...more

Constangy, Brooks, Smith & Prophete, LLP

New Acting Director at OFCCP

And other changes are afoot. Michael Schloss has been named Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs. Mr. Schloss previously served as Director of the Office of...more

Seyfarth Shaw LLP

The Department of Labor Puts Limits on “Guidance” — And Employers and Fiduciaries May Get More Interpretative Flexibility

Seyfarth Shaw LLP on

Synopsis:  On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base with far fewer “Guidance”...more

McDermott Will & Schulte

DOL and IRS Expand Access to Multiple Employer Plans and Propose to Eliminate the ‘One Bad Apple’ Rule

McDermott Will & Schulte on

Recently, the Department of Labor (DOL) published final rules clarifying the circumstances under which “bona fide” groups or associations of employers and professional employer organizations (PEOs) may be permitted to sponsor...more

Dickinson Wright

Increasing Access to Retirement Security

Dickinson Wright on

On August 31, 2018 President Trump issued Executive Order 13847, titled “Strengthening Retirement Security in America”....more

Proskauer - Employee Benefits & Executive...

Departments Publish Final Regulations Expanding the Availability of HRAs

On June 13, 2019, the Department of Labor, together with the Department of Health and Human Services and the Department of the Treasury (collectively, the “Departments”), published final regulations designed to expand the use...more

Pillsbury - Gravel2Gavel Construction & Real...

President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

On April 10, President Trump issued two Executive Orders (EO) relating to the revision of some aspects of federal energy policy and development. 1. The first EO is very comprehensive, affecting many federal agencies and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Much Ado About Nothing: DOL issues new MEP guidance

Six years ago, the Department of Labor (DOL) pretty much killed off what we called Open Multiple Employer Plans (MEPs) by saying that MEPs, where there was no commonality between adopting employers, wouldn’t be considered a...more

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