Alternative Investments in ERISA Retirement Plans: Mitigating Liability Risks for Hedge and Private Equity Funds and Pension Plan Fiduciaries

Exercising Due Diligence to Avoid Investment Landmines for Institutional Investors and Fund Managers

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 24, 2017
Recorded event now available


This CLE webinar will provide ERISA and asset management counsel with a review of effective due diligence practices for institutional investors from both a legal and economic perspective. The panel will offer risk mitigation best practices at a time of increased government scrutiny and lawsuits by plan participants.

Description

The DOL's and SEC's fee disclosure rules and heightened attention on compliance and valuation means corporate pension plans are subject to continued scrutiny. Plans that invest in alternatives must focus on properly vetting asset managers more than ever—or risk claims of poor governance and excessive risk-taking. Understanding asset managers' risk vulnerabilities is an essential element of decision-making by any retirement fund with existing or prospective limited partnership interests.

Asset managers are likewise urged to pay close attention to the needs of ERISA fiduciaries for both business development and risk management purposes. Lawsuits and enforcement actions against asset managers are on the rise. Counsel to hedge fund and private equity fund managers must fully grasp and guide clients on full compliance with the duties of ERISA fiduciaries to plan participants.

Listen as our ERISA-experienced panel of benefits counsel and governance professionals provides a guide to the legal and investment landmines that can destroy portfolio values and expose institutional investors and fund managers to liability risks. The panel will review new ERISA considerations for 2017 and outline best practices for implementing effective due diligence procedures.

Outline

  1. ERISA fiduciary duties for institutional investors
    1. Hedge funds and private equity funds compared to traditional investments
    2. Regulatory developments
      1. Fee disclosure
      2. Compliance
      3. Valuation
  2. Developments in private litigation involving pension plan fiduciaries and alternative fund managers
  3. Best practices for developing due diligence plans

Benefits

The panel will review these and other key issues:

  • What are the regulatory concerns for ERISA pension plans that allocate assets to hedge funds and private equity funds?
  • What are the potential consequences for service providers that fail to comply with fee, valuation and service provider due diligence regulatory and industry guidelines?
  • What can counsel to pension plans and asset managers learn from recent private fund suits relating to collateral, risk-taking, pricing, insider trading and much more?

Faculty

Dr. Susan Mangiero, Managing Director
Fiduciary Leadership, Trumbull, Conn.

Dr. Mangiero a CFA® charterholder, certified Financial Risk Manager, Accredited Investment Fiduciary Analyst®, Certified Fraud Examiner and Professional Plan Consultant™. She has provided testimony and behind-the-scenes forensic analysis, calculation of damages and rebuttal report commentary for various investment governance, investment performance, fiduciary breach, prudence, risk and valuation matters. Dr. Mangiero has over 20 years of experience in capital markets, global treasury, asset-liability management, portfolio management, economic and investment analysis, derivatives, financial risk control and valuation. She is a frequent keynote speaker and has led workshops for numerous organizations.

Tiffany N. Santos, Director
Trucker Huss, San Francisco

Ms. Santos counsels employers and multiemployer trusts on all aspects of their employee benefit plans, including health and welfare plans, Section 125 cafeteria plans, and qualified retirement plans. She is a frequent speaker on health plan matters, including health care reform, HIPAA, COBRA, and cafeteria plans, and on investment-related matters, including ERISA’s impact on alternative investments.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

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DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

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Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The seminar reinforced information and explained issues in a clear manner without being either too elementary or too technical.

Mary Bowden

SC&H Group

The PowerPoint presentation made things easy to understand.

Ian Weinberger

The Lambos Firm

I appreciated the speakers' extensive knowledge on the subject.

Amanda Gerstnecker

Meyer, Unkovic & Scott

The program covered topics that are of significant concern to many of my clients and I enjoyed the good discussion of the case law supporting the various points made.

Larry Crabtree

King & Ballow

I appreciated the practical solutions to common problems.

Patricia Killian

McCarter & English

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.