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U.S. Department of Labor Issues Long-Awaited Proposed Rule on
Client memorandum | March 30, 2026 Authors: Jeffrey Ross and Andrea Pollak The U.S. Department of Labor has issued its long-awaited proposed rule describing how ERISA fiduciaries should approach the selection and ongoing oversight of investment options offered in 401(k) plans. The proposal is intended to provide a clear, process-based framework for demonstrating fiduciary prudence when building and maintaining a plan’s investment menu.
NFA Updates Member Digital Asset Commodity-Related Requirements By Repealing Interpretive Notice 9073 and Amending Compliance Rule 2-51
The National Futures Association (“NFA”) has repealed Interpretive Notice 9073 titled “Disclosure Requirements for NFA Members Engaging in Virtual Currency Activities” (“Interpretive Notice 9073”) and amended Compliance Rule 2-51 to clarify the scope of digital asset commodities included within this rule and make certain other technical and conforming amendments thereto. These changes became effective on December 3, 2025[1].
Further Extension of Form PF Compliance Date
Client memorandum | June 18, 2025 Authors: Michael Sherman (Washington, DC), Ashley Rodriguez (Washington, DC), Simon Lee (New York, NY) On June 11, 2025, the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (collectively, “Commissions”) further extended the compliance date for the amendments to Form PF[1] that were adopted on February 8, 2024 (“New Form PF”), from June 12, 2025, to October 1, 2025.[2] Notably, Chairman Atkins explained in his...
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