Topic
401(k)
508 published works
Compensation & Benefits Blog
DOL Issues Proposed Rule and Safe Harbor Intended to Facilitate the Inclusion of Alternative Assets in 401(k) Plans
By Adam Scoll, Russell Hirschhorn, Alyssa Swanstrom
On March 30, 2026, the U.S. Department of Labor (“DOL”) issued a much-anticipated proposed regulation (“Proposed Rule”) that would facilitate the inclusion of alternative assets within designated investment alternatives (“DIAs”)…
Global Investment Watch
United States: 401(k) Plan Access to Alternative Investments–DOL Seeks to Clarify Fiduciary Duties and Proposes “Safe Harbor”
By: Sasha Burstein, Ruth E. Delaney, Pablo J. Man, Robert L. Sichel On 30 March 2026, Department of Labor (DOL) issued a proposed rule, in response to President Trump’s August…
Ogletree Deakins Insights
DOL Unveils Proposed Rule to Remove Restrictions on Alternative Investments in 401(k) Plans
By By: Karen N. Brandon, Zachary V. Zagger
On March 30, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued a notice of proposed rulemaking (NPRM) designed to reduce the regulatory risk if permitted…
Davis+Gilbert PERKS
Fourth Circuit Rejects ERISA Class Action Challenging 401(k) Target‑Date Funds
Good news for employers / 401(k) committees overseeing retirement plans. Last week, the U.S. Court of Appeals for the Fourth Circuit issued a significant ERISA decision in Trauernicht v. Genworth…
Boston ERISA & Insurance Litigation Blog
Boston ERISA and Insurance Litigation Blog’s Top Ten Countdown for the New Year – The Second Most Popular Post of 2025
In some ways, the second most popular post on my blog in 2025 was my favorite - and objectively likely my "best" - post of the year, in any venue.…
Cleary M&A and Corporate Governance Watch
Alternative Assets in 401(k) Plans: What Boards Need to Know in 2026
By Michael J. Albano, Elizabeth Dyer, Hollie Chenault
The following is part of our annual publication Selected Issues for Boards of Directors in 2026. Explore all topics or download the PDF. On August 7, 2025, the Trump administration issued an executive order…
Wills, Trusts & Estates Prof Blog
Why This CEO Won’t Let Private Funds Near His Company’s 401(k)
[Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.] The decision to exclude private-market investment funds, such as private…
Compensation & Benefits Blog
Coming Soon: DOL’s Proposed Rules Facilitating Alternative Assets in 401(k) Plans
On January 13, 2026, the Department of Labor (the “DOL”) submitted to the White House Office of Management and Budget (“OMB”) proposed rules (the “Proposed Rules”) relating to the inclusion…
Hall Benefits Law Blog
4th Circuit Questions Class Status in Genworth Financial 401(k) Suit
By Anne Hall
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit seemed to express doubt over the propriety of class status during arguments in an Employee Retirement Income…
Hall Benefits Law Blog
ERIC Urges Eighth Circuit to Reject 401(k) Forfeiture Claims
By Anne Hall
The ERISA Industry Committee (ERIC) and other organizations filed an amicus brief in Matula, Jr. v. Wells Fargo & Company (Matula), a 401(k) forfeiture case pending on appeal before the…