BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month June 18, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

AI-Driven Investing and Use of Robo-Advisers by Retirement Plans

ERISA Fiduciary Duties and Prohibited Transactions; SEC Guidance and Compliance

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$252.45
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Discount expires 6/4/26

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About the Course

Introduction

This CLE course will discuss regulatory compliance issues for AI-driven investments and the use of robo-advisers that provide investment advice and discretionary management services to ERISA retirement plans and IRAs. The discussion will include ERISA's fiduciary and prohibited transaction provisions, the Code's prohibited transaction provisions, and SEC guidance for AI-driven investing and the use of robo-advisers under the Investment Advisers Act. The panel will also provide guidance to counsel for plan sponsors on the legal risks and evaluating and monitoring AI-driven investing and the use of robo-adviser services.

Description

Unlike traditional investments, AI-driven investing typically involves varying levels of, or even no, human interaction with clients. While AI-driven investing provides retail investors with affordable investments, guidance, and other services, they present unique regulatory challenges.

The use of AI-driven investment services to ERISA-covered retirement plans, via robo-advisers or otherwise, must comply with ERISA's fiduciary duty and prohibited transaction provisions, and the prohibited transaction provisions under the Internal Revenue Code. Robo-advisers providing services to IRAs must comply with the Code's prohibited transaction provisions.

Counsel to AI-driven investment advisers must ensure strict compliance with required disclosures in their online platforms, offering materials, and client questionnaires. Counsel to retirement plan sponsors must be prepared to evaluate these services, contracts, and disclosures.

Listen as our panel guides you through the regulatory compliance scheme for AI-driven investments and robo-advisers under ERISA, the Code, the Advisers Act, and the regulatory requirements of the DOL, the IRS, and the SEC. The panel will discuss applicable ERISA fiduciary and prohibited transaction provisions and SEC guidance for those advisers registered under the Investment Advisers Act.

Presented By

Michelle Capezza
Of Counsel
Mintz Levin Cohn Ferris Glovsky & Popeo PC

Ms. Capezza is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Ms. Capezza is called to represent Fortune 500 companies, multinational corporations, nonprofit entities, medium-sized businesses, and individual executives across a variety of industries, including financial services, health care, life sciences, technology, artificial intelligence, media, telecommunications, hospitality, and retail.

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Grant P.H. Shuman
Special Counsel
Bowles Rice LLP

Mr. Shuman focuses his practice in ERISA and employee benefit law, representing welfare benefit and pension plans, plan sponsors, and plan administrators in matters involving plan operation from design and plan drafting to compliance issues and termination. With nearly 25 years of experience, Mr. Shuman has provided trusted counsel to clients ranging from small businesses to Fortune 500 companies. He has represented plans and plan sponsors in both voluntary compliance program submissions and investigations by the IRS, and the DOL. Mr. Shuman has also worked to abate millions of dollars in proposed penalties, including those arising under the ACA’s employer mandate. He has represented various insurers and managed care organizations before state and federal courts in civil actions involving billing disputes, benefit claims, allegations of breach of fiduciary duty, discrimination claims, and subrogation claims. Mr. Shuman has practiced before the Public Service Commission of West Virginia, representing a range of utilities in administrative hearings, together with obtaining the issuance of siting certificates for exempt wholesale generators powered by renewable energy and natural gas.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, June 18, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. ERISA compliance issues

A. What are AI-driven investing and a robo-adviser?

B. Fiduciary status under ERISA and the IRC

C. Exclusions from "investment advice"

D. Fiduciary duties under ERISA

E. Application of prohibited transaction provisions

F. Exemptions and DOL guidance

II. SEC compliance issues

A. Automation of investment advisory services

B. Issues presented by the lack of human involvement

C. SEC guidance and updates

III. Best practices for disclosure, suitability, and compliance under the Advisers Act

IV. Perspectives and issues for plan sponsors

The panel will review these and other key issues:

  • How do the fiduciary duty and prohibited transaction provisions of ERISA and the IRC apply to AI-driven investing, robo-advisers, and their services?
  • What are the available prohibited transaction exemptions?
  • What kinds of disclosures does the SEC require, and where should they appear?
  • What are best practices for compliance with the Advisers Act according to SEC guidance?