ERISA Retirement Plans: Mitigating Liability Risks for Hedge and Private Equity Fund Alternative Investments
Exercising Due Diligence to Avoid Investment Landmines for Investors and Fund Managers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide ERISA and asset management counsel with a review of due diligence practices for fund managers, trustees and plan administrators. The panel will offer best practices to mitigate regulatory scrutiny and lawsuits by plan participants.
Outline
- ERISA fiduciary duties for institutional investors and asset managers
- Hedge funds and private equity funds compared to traditional investments
- “Plan assets” status
- ERISA fiduciary duties
- Prohibited transaction considerations and exemption strategies
- Specific issues
- Fee arrangements
- Valuation
- Indemnification
- Liquidity
- Disclosure
- Liability
- Due diligence planning
Benefits
The panel will review these and other relevant questions:
- What are the regulatory concerns for ERISA plans that allocate assets to hedge funds and private equity funds?
- What are the potential consequences for alternative asset managers that fail to comply with their ERISA fiduciary obligations?
- How should alternative asset managers prepare to comply with their fiduciary standards?
Faculty
Alexander P. Ryan
Partner, Executive Compensation & Employee Benefits
Willkie Farr & Gallagher
Mr. Ryan is a partner in the Executive Compensation & Employee Benefits Department, specializing in ERISA Title I... | Read More
Mr. Ryan is a partner in the Executive Compensation & Employee Benefits Department, specializing in ERISA Title I matters. He advises plan sponsors and plan service providers with respect to a range of fiduciary issues arising under ERISA and the Internal Revenue Code, including Department of Labor guidance and regulations. Mr. Ryan's work focuses on a variety of investment-related matters, including issues arising under the fiduciary and prohibited transaction provisions of ERISA related to the structure, design, and implementation of various investment products, such as private equity, real estate, hedge funds, commodity and real assets funds, and many others. He has substantial experience applying ERISA’s prohibited transaction rules to these types of investment products. In addition to his transactional work, he represents clients in DOL enforcement actions and investigations. Mr. Ryan has been recognized as a leading lawyer in Chambers USA (2023) for Employee Benefits & Executive Compensation (District of Columbia).
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Tiffany N. Santos
Director
Trucker Huss
Ms. Santos counsels employers and multiemployer trusts on all aspects of their employee benefit plans, including... | Read More
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.
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