Retirement Plan Investments: Plan Asset Hedge Fund; PE Fund Investing, 401k and IRA; ESG and Plan Voting Regulations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
ERISA
- event Date
Wednesday, January 12, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide employee benefits and asset management counsel on critical issues and recent developments impacting retirement plan investments. The panel will discuss new proposed regulations for consideration of environmental, social, and corporate governance (ESG) and plan voting, private equity offerings to 401ks and IRAs, challenges of plan asset hedge fund and private equity fund investing, and other key issues.
Faculty

Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA and the prohibited transaction excise tax provisions of the Internal Revenue Code. He has an extensive background advising financial institutions, plan sponsors, and investment committees on ERISA matters, including compliance with ERISA’s fiduciary duty and prohibited transaction rules, in connection with the investment of pension plan assets. Mr. Olstein regularly advises fund sponsors on the application of ERISA’s “plan asset” rules as they relate to the establishment and operation of private investment funds. From representing issuers and underwriters in connection with marketing securities to investors, to advising plan sponsors and independent fiduciaries in connection with the selection of annuity providers, he offers substantial experience at the intersection of ERISA and fiduciary responsibility. Mr. Olstein is an active member of the American Bar Association’s Section of Taxation and the New York City Bar Associati

Mr. Levin practices in the firm’s M&A and Securities Group and Employment and Employee Benefits Group. His practice covers a broad range of executive compensation and employee benefits matters, including the associated tax, securities, corporate, employment and labor issues. Mr. Levin's broad experience and understanding of prevailing "market" terms enables him to assist clients in designing practical and competitive compensation and benefits arrangements that meet the unique needs of the client. Mr. Levin serves as Chair of the Advisory Board and as former Chair of the Center for Transactional Law and Practice Advisory Board at the Emory University School of Law. He also serves as an adjunct professor at New York Law School and Emory University School of Law.

Ms. Neilsson is a partner in King & Spalding’s Global Human Capital & Compliance practice. She focuses her practice on assisting the Firm’s clients (both managers and investors) with investment-related issues that arise for employee benefits plans subject to ERISA Title I. Specifically, Ms. Neilsson focuses on ERISA issues that arise in connection with the structuring and operation of private funds, investor negotiations in connection with fund raising activities, and ongoing compliance. She has in-depth knowledge assisting private funds avoid being subject to the fiduciary obligations arising under ERISA by complying with the “venture capital operating companies”, “real estate operating companies”, or “25% test” exceptions under the plan asset regulation.
Description
The DOL has recently issued proposed regulations and guidance that significantly impact retirement plan investments. This latest installment focuses on selecting plan investments with private equity components, the ESG factors, and the exercise of proxy voting and other shareholder rights.
In addition, fiduciaries and their counsel must recognize the challenges of investing in plan asset hedge funds and private equity funds and offerings made to 401ks and IRAs. An in-depth understanding of these issues and regulations is essential to avoid unintended liability and potential claims.
A fiduciary of an individual account plan may, consistent with ERISA requirements, offer as an investment option under the plan a professionally managed asset allocation fund with a private equity component. However, due to the complexity, limited transparency, and liquidity of private equity investments, including a private equity component in an investment option can increase the potential liability for fiduciaries, who have a legal duty to select prudent investment options. ERISA also requires fiduciaries to monitor designated investment alternatives under the plan. Fiduciaries are liable for any losses resulting from the failure to monitor these investments prudently.
On Oct. 14, 2021, DOL published a proposed regulation to clarify the DOL's views regarding the extent to which fiduciaries of ERISA-governed retirement and benefit plans can or should consider ESG factors when selecting plan investments. Employee benefits and asset management counsel must become familiar with these regulations and plan accordingly.
Listen as our panel discusses new proposed regulations for consideration of ESG and plan voting, private equity offerings to 401ks and IRAs, challenges of plan asset hedge fund and private equity fund investing, and other key issues.
Outline
- ERISA fiduciary duties for institutional investors
- Disclosure
- Compliance
- Valuation
- Hedge funds and private equity fund investing
- New proposed ESG and plan voting regulations
- Trends in litigation involving plan fiduciaries and fund managers
- Best practices for developing due diligence plans
Benefits
The panel will discuss these and other key issues:
- Regulatory considerations for ERISA plans that allocate assets to hedge funds and private equity funds
- Fiduciary governance and evaluating plan investment options
- Proposed ESG and plan voting regulations
- ERISA plans and asset manager fiduciary standards and compliance
- Recent litigation involving plan fiduciaries and fund managers
Related Courses

Structuring Phantom Incentive Plans for Privately Held Corporations: Mechanics, Tax Obstacles, and Optimization
Thursday, April 10, 2025
1:00 p.m. ET./10:00 a.m. PT

Employee Severance Agreements and Section 409A Deferred Compensation: Withstanding Heightened IRS Scrutiny
Tuesday, April 22, 2025
1:00 p.m. ET./10:00 a.m. PT

Navigating ERISA Rules When Investing Plan Assets: Key ERISA Terms, Fiduciary Issues, Prohibited Transactions, Exemptions
Thursday, March 6, 2025
1:00 p.m. ET./10:00 a.m. PT

Collective Investment Trusts and 401(k) Plan Investments: Guidance for Fiduciaries and Employee Benefits Counsel
Wednesday, April 16, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Getting the Most Out of BARBRI Resources
- Learning & Development
- Business & Professional Skills
- Talent Development
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement