PALM BEACH, Fla. – Alternative and proprietary funds in 401(k) plans are increasingly drawing regulatory scrutiny, one of the nation's leading employee-benefits lawyers said Tuesday.

"If you're dealing with alternatives, you can expect the DOL to focus on this," Steve Saxon, the chairman of Groom Law Group in Washington, D.C., said in a presentation at the 2013 Society of Professional Asset-Managers and Record Keepers meeting.

Alternative investments are gaining some traction within defined contribution plans, a trend that is expected to continue for the next several years. Critics, however, warn that fee levels can be higher for alternative investments, and many alternatives have more complex incentive fee structures.

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