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On March 30, the Department of Labor (“DOL”) issued its long-anticipated proposed regulation, “Fiduciary Duties in Selecting Designated Investment Alternatives”, that is intended to address the dual aims of (i) expanding 401(k) designated investment alternatives (“DIAs”) to funds that include alternative assets and (ii) limiting litigation risk.  The impetus for the proposed regulation…

The Department of Labor’s (“DOL”) Employee Benefits Security Administration recently issued Pooled Employer Plans: Big Plans for Small Businesses, which contains interpretive guidance that seeks to encourage the establishment and adoption of pooled employer plans (“PEPs”) by demonstrating how DOL currently believes that PEPs can minimize employers’ fiduciary risks.  The…