ERISA Benefit Plan Investment Management Agreements: Selecting 3(38) Investment Managers, Structuring the IMA
Documenting the Relationship to Minimize Risks for Plan Sponsors and Investment Advisers
A live 90-minute CLE webinar with interactive Q&A
Tuesday, April 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar will review how best to negotiate and draft investment management agreements (IMAs) with ERISA retirement plan sponsors. The panel will explain best practices for selecting a 3(38) investment manager to reduce personal fiduciary risk and outline key steps in structuring and documenting the investment manager relationship.
ERISA law requires plan fiduciaries to exercise the knowledge and experience of a prudent expert when making investment decisions. Breach of fiduciary duties under ERISA are subject to personal liability. ERISA Section 3(38) defines the investment manager to which the trustees can delegate their duties. An ERISA plan sponsor can delegate investment decisions to an ERISA 3(38) investment manager to mitigate liability and risk for investment decisions. Plan sponsors remain responsible for hiring and monitoring a 3(38) fiduciary and must exercise due diligence to ensure they meet their own fiduciary duty.
ERISA also imposes fiduciary obligations on ERISA investment managers, including the duty to avoid prohibited transactions with “parties in interest” to the ERISA plan, unless an exemption, such as QPAM, exists. However, the exemptions are nuanced, and fund managers must proceed carefully when taking advantage of the exceptions.
Listen as our authoritative panel of attorneys discusses ERISA 3(38) investment managers and offers guidelines for selecting investment managers, negotiating and drafting IMAs, and documenting the investment manager partnership from perspectives of both the plan sponsor and the investment manager.
- Negotiating investment management agreements
- Drafting investment management agreements
- Documenting the investment management partnership
The panel will discuss these and other key issues:
- What standard of care should plans expect from an investment manager?
- What representations and warranties should an IMA include?
- What protections can side letters offer to plans?
- What types of investments may warrant the use of a QPAM agreement?
Sharon M. Goodman, Principal
Slevin & Hart,
Ms. Goodman focuses her practice on employee benefits law and has extensive experience in matters relating to health and pension plan design and compliance, including the Affordable Care Act, tax qualification and complex investments. She also advises clients in the areas of plan administration and benefit claim processing. She designs and drafts employee benefit plans, including defined benefit, defined compensation, non-qualified deferred compensation, and health plans. She also has significant experience with plan investments in alternative asset classes and the negotiation of complex investment agreements.
David A. Russell, CFA, Senior Investment Strategist, Senior Consultant
Investment Performance Services,
Mr. Russell has over 35 years of investment and consulting experience. He works on all aspects of client funds including investment policy formulation, asset allocation strategies, and evaluation of investment managers. His manager research responsibilities focus on fixed income and alternative investments. He is a frequent speaker at industry conferences.
Live Webinar $297.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
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McCarter & English
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.
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Meyer, Unkovic & Scott
The best seminar I have attended on this topic! The speakers did an outstanding job making the topic understandable.
The speakers possessed great technical knowledge and experience.
Frederic Dorwart, Lawyers
Employment & ERISA Advisory Board
Schulte Roth & Zabel
Holland & Hart
Goulston & Storrs
Shook Hardy & Bacon
Bracewell & Giuliani
Gibson Dunn & Crutcher
Epstein Becker & Green
Freeman Freeman Smiley
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