DOL Final ERISA Regulations for Private Equity Investments: New Prudence Rules, Pecuniary Factors, Exceptions, and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to ERISA counsel on the recently issued DOL Information Letter and final regulations for private equity investments in defined contribution plans.
Outline
- Recent DOL Information Letter on private equity
- DOL final rules; financial factors, investment duties
- ESG investments
- Fiduciary duties and primary considerations
- Notice and disclosure
- Best practices for plan sponsors and administrators
Benefits
The panel will review these and other key issues:
- What is the likely impact of the DOL Information Letter on private equity in individual account plans?
- What are the ramifications of recently issued DOL final rules addressing the application of the fiduciary duties of prudence and loyalty to the use of non-pecuniary factors in selecting investments and to the voting of proxies and exercise of other shareholder rights?
- What are the key considerations for plan fiduciaries?
- What are the key considerations for sponsors of private equity and ESG funds?
- What are the key considerations for proxy advisory firms?
Faculty

Jeffrey A. Lieberman
Counsel
Skadden Arps Slate Meagher & Flom
Mr. Lieberman has more than 25 years of experience advising a broad range of clients on ERISA, employee benefits, and... | Read More
Mr. Lieberman has more than 25 years of experience advising a broad range of clients on ERISA, employee benefits, and executive compensation matters, including counseling on the design and operation of compensation and benefit arrangements and on issues under IRS Code Sections 280G, 162(m), 409A, and 457A; advising on employee benefits and ERISA issues in M&As and other corporate transactions; advising on plan compliance, corporate governance, and reporting matters; and providing support for ERISA controversies and litigation.
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David C. Olstein
Partner
Stroock & Stroock & Lavan
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA. He has extensive experience... | Read More
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA. He has extensive experience advising asset managers on ERISA matters, including compliance with ERISA’s prohibited transaction rules, in connection with the investment of pension plan assets. Mr. Olstein also regularly advises fund sponsors on ERISA matters, including the application of ERISA’s “plan asset” rules, in connection with the establishment and operation of private investment funds.
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Eric Requenez
Partner
Stroock & Stroock & Lavan
Mr. Requenez represents fund sponsors, distributors and investors in connection with the formation, structuring... | Read More
Mr. Requenez represents fund sponsors, distributors and investors in connection with the formation, structuring and capitalization of private investment funds as well as other securities offerings, regulatory and compliance matters, transactions and other corporate matters.
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