News & Analysis as of

Cryptocurrency 401k

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

King & Spalding

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

King & Spalding on

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

Proskauer - Employee Benefits & Executive...

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

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

Kilpatrick

Trump Admin. Rolls Back Biden-Era Rules on 401(k) Plan Investments: Crypto and ESG

Kilpatrick on

The Trump administration has rescinded (or signaled that it will replace) current guidance that was issued by the Biden administration’s DOL regarding (1) retirement plan investments in cryptocurrencies (and other digital...more

Woods Rogers

ESBA No Longer Discourages Crypto Investments in 401(k) Plans

Woods Rogers on

Employee Benefits Security Administration (EBSA) Rescinds Prior Guidance Limiting 401(k) Plan Investments in Cryptocurrencies Since March of 2022, the Department of Labor (DOL) operated under the guidance of the Compliance...more

Kilpatrick

5 Key Takeaways | Plan Investments and Fiduciary Risk Mitigation in the Trump Era

Kilpatrick on

The landscape for retirement plan investments and fiduciary risks is shifting in the early part of the second Trump Administration, both due to changes in the administration’s policies and developments in the courts....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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors aren’t sold on Bitcoin

On whether to recommend Bitcoin and other digital assets for clients, financial advisers are wary about their fiduciary duty to clients, according to a CoinShares survey....more

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

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto theft is another strike against Bitcoin 401(k)

While technology makes it easier for bad actors to steal the retirement assets of plan participants, it’s far easier to steal from 401(k) plans with crypto investments. 401(k) plans that have Bitcoin investments would have a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

FTX points as another reason why Crypto in 401(k) plans is a bad idea

Every day, brings out different bad news about FTX. Based on what I know, I think the principals over there, should seek criminal law attorneys. I’m dying to see how it will play out, as I like to read about huge business...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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Timing is everything

In the 1970s, the Phillie Phanatic was born. While Mr. Met was the first mascot in baseball history, the Phanatic was a bigger hit. Soon everyone wanted one and The New York Yankees hired the people to design the mascot,...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.

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.

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

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

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