
Bad Ideas on Private Equity and Resource Ownership
Sometimes the most important reaction to a new, bad idea is “just say no.”[1] A subtle variation on that theme is evolving now at the US Department of Labor (DOL). On March 30, 2026, the DOL released its long-awaited proposed regulation entitled “Fiduciary Duties in Selecting Designated Investment Alternatives” in response to President Trump’s Executive Order that calls for expanded access to private equity and other alternative investments for 401(k) plans and their participants.”[2] However, “the proposed rule offers an expansive view of fiduciary prudence under ERISA with respect to the selection of any designated investment alternative, which is consistent with DOL’s historically neutral posture that neither favors nor disfavors any particular type of investment or investment strategy.”[3]








