News & Analysis as of

Department of Labor (DOL) Cryptocurrency

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Mark my words: Crypto in 401(k) is inevitable

While some providers were offering Crypto windows in 401(k) plans, I was vehemently against it because the Department of Labor (DOL) was against it. The volatility of crypto was one thing, security was another issue....more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - April 2024 - 2

Securities and Exchange Commission. Cryptocurrency regulation. On April 23, 2024, two groups representing the cryptocurrency industry sued SEC over its expanded dealer definition announced earlier this year. The Blockchain...more

McAfee & Taft

Bitcoin ETFs and workplace retirement plans: DOL has ‘serious concerns’

McAfee & Taft on

The U.S. Securities and Exchange Commission (SEC) recently approved applications from large investment firms to offer spot bitcoin exchange-traded funds (ETFs). Retail investors can now buy bitcoin ETFs on traditional...more

Stark & Stark

[Event] RIA Compliance and Legal Strategies Conference - November 9th, Hamilton, NJ

Stark & Stark on

The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 4 CFP CE...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Senator wants crypto option, good luck

As Bitcoin starts inching back up, I’m in the black again and expect more clamor for crypto options in 401(k) plans. Senator Tommy Tuberville, R-Alabama, reintroduced legislation to create a law, the Financial Freedom Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - March 2023

Circuits Split Over Whether Targeting Is Necessary for Seller Liability - Key Points - - While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability,...more

Snell & Wilmer

2022 End of Year Plan Sponsor “To Do” List (Part 3) Qualified Retirement Plans

Snell & Wilmer on

As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...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

Cozen O'Connor

Cozen Currents: Do Election Polls Matter Anymore?

Cozen O'Connor on

The Cozen Lens- •Everyone loves to hate polls, and with some good reason. But as the midterms near, they provide an important, yet limited, tool for gauging the election....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.

Elizabeth Warrens also airs concerns over crypto in 401(k)

It’s no surprise that U.S. Sen. Elizabeth Warren (D-Mass.) is expressing concerns about Fidelity Investment’s plan to allow Bitcoin in 401(k) retirement plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL has grave concern over Fidelity bitcoin decision

The Department of Labor criticized Fidelity Investments’ plan to allow investors to put bitcoin in their 401(k) accounts....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

Harris Beach PLLC

Crypto Compensation? Bitcoin Bonus? New York State Employers Must Weigh Requests Carefully

Harris Beach PLLC on

If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request? You don’t have to work in Silicon Valley or play for the NFL to field this...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

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

Fisher Phillips

Dept of Labor Sued in Crypto 401(k) Guidance Lawsuit: What Employers Need to Know

Fisher Phillips on

The battle over crypto 401(k)s reached a fever pitch last week as 401(k) provider ForUsAll Inc. filed a lawsuit against the U.S. Department of Labor (DOL) in a Washington, D.C. federal court on June 2, alleging that federal...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Verrill

Department of Labor Guidance and Federal Initiatives Counsel a Wait-and-See Approach for 401(k) Plan Fiduciaries Interested in...

Verrill on

On March 10, 2022, the Department of Labor published Compliance Assistance Release 2022-01, 401(k) Plan Investments in “Cryptocurrencies”. The Release strongly discourages the addition of cryptocurrency (and other digital...more

Lathrop GPM

Cryptocurrency as a 401(K) Plan Investment Option

Lathrop GPM on

Fidelity Investments recently announced it is making a Bitcoin account available as an investment option for 401(k) plans, fueling a debate about cryptocurrencies and fiduciary responsibilities under ERISA. In what might...more

Laner Muchin, Ltd.

DOL Warns Against Plan Investments in Cryptocurrency

Laner Muchin, Ltd. on

Given the current market volatility, the U.S. Department of Labor’s (DOL) concerns related to the addition of cryptocurrencies in qualified retirement plans seems prescient. In Compliance Assistance Release No. 2022-01, the...more

Parker Poe Adams & Bernstein LLP

DOL Warns Employers About Including Cryptocurrency in 401(k) Plan Investment Options

Late last month, Fidelity Investments created a minor firestorm when it announced that it would allow retirement plan sponsors to offer bitcoin as an investment option for participants. In reaction to this move, the...more

Jackson Lewis P.C.

Crypto, SDBAs, and Your 401(k) Plan: What Now?

Jackson Lewis P.C. on

Just over a month ago, we wrote about the Department of Labor’s guidance on cryptocurrency as a 401(k) investment option, and the landscape has already shifted multiple times....more

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