March 2026 – Global Investment Law Watch

United States: 401(k) Plan Access to Alternative Investments–DOL Seeks to Clarify Fiduciary Duties and Proposes “Safe Harbor”

Mar 31 2026

By: Sasha Burstein, Ruth E. Delaney, Pablo J. Man, Robert L. Sichel

On 30 March 2026, Department of Labor (DOL) issued a proposed rule, in response to President Trump’s August 2025 executive order, that seeks to clarify DOL’s position on fiduciary duties in connection with the selection of investment options for participant-directed individual account plans (e.g. 401(k) plans) – including investment options that feature exposure to alternative assets – and would establish a “safe harbor” for fiduciaries who follow a prudent process in making available such investment options to plan participants. Comments on the proposal are due on or before 60 days from the date of publication in the Federal Register.

United States: A Place for Every Token and Every Token in its Place: The SEC “Airdrops” Its New Crypto Taxonomy

Mar 18 2026

By: Thoreau A. Bartmann, Lance C. Dial, and Sarah V. Riddell

On 17 March 2026, the SEC and CFTC issued a joint interpretive release establishing a formal taxonomy for crypto assets and when such assets are securities under federal law, which is a critical analytical point in determining if regulations apply. While the release is an interpretation of existing laws, and not a final rulemaking, it is a major step toward a durable crypto regulatory regime.

United States: A Recipe for a Settlement: Why the SEC Sent This Private Fund Advisers “Season and Sell” Valuation Practices Back to the Kitchen.

Mar 09 2026

By: Thoreau Bartmann, Sasha Burstein, and Pablo Man

On 25 February 2026,¹ the SEC, in one of the few cases brought to-date against a private fund adviser under Chair Atkins, settled charges with a private fund adviser regarding its valuation practices. This case involved conduct dating back to the early days of the COVID market dislocations, with the SEC finding that the adviser failed to adequately fair value loans it originated and later sold to private fund clients in principal transactions despite significant changes in markets caused by the pandemic.

United States: Dele-great!: CFTC Staff Allows CPO Delegation Structures to Remain Intact

Mar 02 2026

By: Sarah Riddell, Pablo Man, and Martina Sandoval Iriarte

As previously discussed in our client alert, the industry celebrated the no-action relief from registration as a commodity pool operator (CPO) (the Relief). The Relief, however, raised certain questions in connection with the Commodity Futures Trading Commission (CFTC) staff’s class delegation relief under CFTC No-Action Letter No. 14-126 (Letter 14-126), which requires that the “Designated CPO” to whom the non-registrant (i.e., the “Delegating CPO”) delegates CPO responsibilities be a registered CPO. In particular, the Relief called into question whether private fund general partners or boards of directors of offshore private funds, who are Delegating CPOs, would need to continue delegating CPO responsibilities to a registered CPO pursuant to Letter 14-126 or whether they could instead delegate these responsibilities to a registered investment adviser that relied on the Relief.

Archive:March 2026