FORUSALL, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

  1. August 29, 2023

    DOL Wins Toss Of 401(k) Provider's Crypto Guidance Lawsuit

    A D.C. federal judge on Tuesday granted the U.S. Department of Labor's motion to dismiss a 401(k) provider's legal challenge to agency guidance that warned against offering cryptocurrency investments, finding the DOL's action wasn't subject to judicial review and the company lacked standing to sue.

  2. January 02, 2023

    Fintech Policy & Regulation To Watch In 2023

    U.S. policymakers may begin laying down serious regulatory guardrails for the digital asset industry in 2023 as the spectacular collapse of cryptocurrency exchange FTX looks to have opened a wider window of opportunity for bipartisan action.

  3. November 01, 2022

    401(k) Co. Says DOL Vowed Not To Sue Over Crypto Guidance

    A 401(k) provider told a Washington, D.C., federal judge that dismissing its legal challenge to U.S. Department of Labor cryptocurrency guidance is fine as long as the agency must abide by "concessions" that include promising not to use the guidance to bring enforcement actions.

  4. October 21, 2022

    DOL Doubles Down On Bid To Nix Suit Over Crypto Warning

    The U.S. Department of Labor has again urged a Washington, D.C., federal court to toss a lawsuit from a retirement plan provider challenging DOL warnings about the volatility of 401(k) crypto plans, arguing the company misinterpreted the agency's guidance and doesn't have standing to bring its suit.

  5. October 06, 2022

    401(k) Co. Fights DOL's Bid To Nix Suit Over Crypto Warning

    Retirement plan provider ForUsAll Inc. on Thursday pushed back against the U.S. Department of Labor's bid to toss a lawsuit challenging its warnings about the volatility of 401(k) crypto plans, arguing that granting the government's motion would "invite a brave new world of agency lawlessness."

  6. September 13, 2022

    401(k) Co. Can't Ax Nonbinding Crypto Warning, DOL Says

    The U.S. Department of Labor urged a Washington, D.C., federal judge to toss a retirement plan provider's lawsuit challenging its warnings about the volatility of 401(k) crypto plans, arguing that the release can't be rescinded for shirking rulemaking procedures because it's not a formal law.

  7. June 28, 2022

    Benefits Cases To Watch In The 2nd Half Of 2022

    In the second half of the year, benefits attorneys will be keeping a close eye not only on legal battles hinging on familiar themes such as class certification and preemption, but also cases dealing with emerging issues such as cybersecurity and cryptocurrency.

  8. June 02, 2022

    Retirement Plan Provider Sues To Kill DOL Crypto Guidance

    A San Francisco-based retirement plan provider filed a lawsuit Thursday seeking to invalidate guidance from the U.S. Department of Labor warning against offering cryptocurrency in 401(k) plans, alleging that the DOL's action amounted to rulemaking outside the notice-and-comment process required under federal law.