Roger Barton & Brigette Renaud Published in Thomson Reuters: “New U.S. Department of Labor Proposed Regulations Could Pave Way for More Alternative 401(k) Investments”

On April 30, 2026, Managing Partner Roger Barton and Of Counsel Brigette Renaud co-authored an article for Thomson Reuters / Westlaw Today titled, “New U.S. Department of Labor
proposed regulations could pave way for more alternative 401(k) investments.”

The article discusses the DOL’s new proposed regulations to provide guidance under the Employee Retirement Income Security Act of 1974 (ERISA) for fiduciaries who choose to designate “alternative investments” as part of participant-directed 401(k) retirement plans.

Historically, greater regulatory burdens and higher litigation risk factors have kept 401(k) fiduciaries from exercising alternative investment options such as private equity, hedge funds, real estate, infrastructure, commodities, and cryptocurrency. The proposed regulations delineate a 6-factor process that would constitute a safe harbor from liability for fiduciaries when selecting alternative options.

You can read the full article here.