As we’ve advised, the times are changing when it comes to what participants’ retirement plan investment options.  On Thursday, August 7, 2025, the president signed an executive order to allow 401(k) participants to join institutional investors and non-ERISA retirement plans in investing in alternative investments like private equity, cryptocurrency, and real estate.  The order is aimed to place ERISA regulated 401(k) and defined contribution plan participants on an equal play

In her recent Daily Journal article "Strategic Connections Can Power Practice Growth," Sherrie Boutwell, partner at women-owned ERISA firm Boutwell Fay LLP, highlights collaboration as a key growth strategy for niche law firms.

The One Big Beautiful Bill Act (“Bill”) did not extend the enhanced premium tax credits (“PTCs”) which help make health insurance purchased through the marketplace (e.g., Covered California) more affordable for millions of Americans. The Affordable Care Act’s employer shared responsibility penalties are only imposed in situations where a full-time employee receives a PTC or cost-sharing reduction.

Each employer that sponsors a 403(b) plan which uses a pre-approved plan document must ensure that document is restated to account for changes in law by December 31, 2026.  Especially because organizations in the nonprofit and public sectors often face resource and staffing constraints, it’s crucial they start the restatement process now. 

Following up on our prior post on private equity investments in 401(k) plans, the Ninth Circuit Court of Appeals has now dismissed a six-year-long lawsuit brought by Intel employees against the company. The lawsuit centered on Intel’s inclusion of private equity and hedge funds in its 401(k) defined contribution plans, alleged that offering these investment options violated fiduciary duties under the Employee Retirement Income Security Act (ERISA).

On June 18, 2025, the majority of the United States Supreme Court held Tennessee’s law prohibiting access to gender-affirming care for certain minors was permissible under rational basis review. The Tennessee law at issue, SB1, forbids healthcare providers from providing puberty blockers or hormones to minors.

Holiday Reminder: Please note that our office will be fully closed on Friday, July 4th.

In the five months since the Trump Administration took the reins in Washington, DC, we have seen a flurry of changes affecting employee benefit plans: both retirement plans and health and welfare plans.  In this post, we focus on a few of the recent retirement plan changes relating to plan investments.

We are proud to announce that Boutwell Fay LLP has been recognized in the 2025 California Edition of Best Law Firms®, ranked by Best Lawyers®.

Starting Friday, June 6th, and continuing through Friday, August 29th, our office will have adjusted hours. Early Closure: Our office will close at 3:00 PM (PST) every Friday during this period, giving our staff a head start on their summer weekends. Holiday Reminder: Please note that our office will be fully closed on Friday, July 4th.