BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, August 26, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

Early Bird Pricing!
MSRP
$297.00
$247.00
Save $50.00

Discount expires 7/8/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide ERISA counsel an in-depth analysis of the impact on the Department of Labor's (DOL) reversal of the Biden-era ESG rule and guidance for cryptocurrency and private equity investing. The panel will discuss the rules, fiduciary issues, and transaction risks associated with such investments, ERISA compliance, exposure to fiduciaries, and best practices for ERISA counsel, plan sponsors, and fiduciaries.

Description

On May 28, 2025, the DOL rescinded its ESG rule and 2022 guidance cautioning plan fiduciaries to exercise care in permitting cryptocurrency and other digital asset investments in retirement plans. The ramifications of this could open the door to significant risks and liability to plan participants and fiduciaries.

In 2022, the DOL issued guidance advising plan fiduciaries on all digital assets, including Ethereum, tokens, and other derivations with stark warnings on (1) fiduciary duty of prudence and personal liability; (2) security risks; (3) recordkeeping and custody; (4) valuation challenges; and (5) liquidity and diversification concerns. However, in light of the recent withdrawal of such guidance, plan sponsors and fiduciaries must grapple with ERISA rules and significantly monitor retirement plan investments to minimize risks and potential claims. In addition, the status of the 2022 ESG rule is to be determined, with the DOL stating that they will engage in new rule-making with no indication of the extent of the forthcoming ESG rule.

The DOL's withdrawal of the ESG rule and prior guidance on digital assets and private equity investing by 401(k)s and other retirement plans forces plan sponsors to evaluate and monitor plan investment options in accordance with their fiduciary duties under ERISA.

Listen as our panel discusses the impact of the DOL's withdrawal of the Biden-era ESG rule and guidance on retirement plan investments in digital assets and transaction risks associated with such investments, and exposure to fiduciaries.

Outline

I. Status of the ESG rule

II. DOL withdrawal of prior guidance on digital asset investments

III. Navigating challenges for cryptocurrency investments

IV. Best practices for ERISA counsel, fund managers, and advisers

Benefits

The panel will discuss these and other key issues:

  • How does the DOL's withdrawal and potential replacement of the ESG rule impact retirement plan investing?
  • What are the critical issues for digital assets as plan investments in light of DOL's reversal on these investments?
  • What are the ERISA compliance rules applicable to plan investments in cryptocurrency?
  • What are the inherent risks in investing in cryptocurrency?
  • What are the obligations and potential liability for fiduciaries?
  • What methods can be implemented to minimize the security risks of plan investments?