Alternative Assets in ERISA Defined Contribution Plans: Recent DOL Proposed Rules, Fiduciary Challenges and Risks

BARBRI

This CLE course will provide ERISA counsel an in-depth analysis of current rules and regulations regarding alternative assets in defined contribution plans and the Department of Labor's (DOL) recently issued proposed safe harbor for investment alternatives in private equity, cryptocurrency, and other assets. The panel will discuss the current regulatory framework, key issues stemming from the proposed rules, fiduciary issues, and transaction risks associated with ERISA plan investment alternatives. The panel will also discuss ERISA compliance and rules for plan investments, exposure for fiduciaries, transaction and security risks, and best practices for ERISA counsel, fund managers, and advisers.

Description

The DOL has issued its rule describing how fiduciaries should approach the selection and oversight of investment options offered in 401(k) plans. Plan sponsors, fiduciaries, and ERISA counsel must navigate these regulations, heightened compliance, and other issues that may arise.

Plans that intend to invest in alternative assets must focus on properly vetting asset managers more than ever—or risk claims of poor governance and excessive risk-taking. It provides a broader definition of "alternative assets," which includes private equity and digital assets. Asset managers are urged to pay close attention to the needs of ERISA fiduciaries for both business development and risk management purposes in light of the proposed safe harbor for the selection of investments.

Lawsuits and enforcement actions against asset managers are likely to increase with the expansion of available assets. Counsel must fully grasp and guide clients on full compliance with the duties of ERISA fiduciaries to plan participants.

Listen as our panel provides an in-depth analysis of the proposed rule and the legal and investment landmines that can destroy portfolio values and cause liability risks. The panel will review new ERISA considerations for 2026 and beyond and outline best practices for implementing effective due diligence procedures.

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