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ARTICLE · 20 MARCH 2026

Cryptocurrency And Other Digital Asset Investments In ERISA Plans

Kutak Rock LLP
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Shortly after taking office on January 20, 2025, President Trump issued an executive order (“EO”) outlining his Administration’s intent to “support the responsible growth and use of digital assets...

United StatesTechnology
Kutak Rock
Kutak Rock

Cryptocurrency and Other Digital Asset Investments in ERISA Plans

Shortly after taking office on January 20, 2025, President Trump issued an executive order (“EO”) outlining his Administration’s intent to “support the responsible growth and use of digital assets, blockchain technology, non-fungible tokens, and related technologies across all sectors of the economy” and “secure America’s position as the world’s leader in the digital asset economy”1—a sharp contrast to the Biden Administration’s more cautious approach. Cryptocurrency has remained a major focus for the Trump Administration in its first year, with President Trump signing the “GENIUS Act”2 into law (regulating “stablecoins”) and issuing additional EOs directing the creation of a “United States Digital Asset Stockpile”3 and “democratizing access” to alternative and digital assets in 401(k) plans.4

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