About the Course
Introduction
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.
Presented By
Ms. Behbin represents registered investment companies and onshore and offshore private equity funds and hedge funds. She also counsels in reorganizing large mutual fund complexes and numerous mutual fund mergers, and preparing various US Securities and Exchange Commission filings, including registration statements and proxy statements. In addition, Ms. Behbin counsels domestic and international clients on various issues relating to private equity and hedge fund offerings, including fund formation, organization of domestic and offshore entities, and compliance with US law.
Ms. Stapel provides effective and practical solutions to clients’ complex ERISA issues. She proficiently steers plan sponsors and investment managers through ERISA’s fiduciary and prohibited transaction rules and negotiates virtually every type of investment-related agreement with employee benefit plans. Ms. Stapel uses exceptional communication and interpersonal skills to advise clients on a wide range of ERISA topics, including effective fiduciary governance, risk management, the creation of “white label” investment options, and the application of environmental, social, and governance (ESG) factors in plan investment decision making. She is also part of the firm’s industry-leading structured transactions practice, applying ERISA’s fiduciary and prohibited transaction rules to structuring and offering asset-backed and mortgage-backed securities and collateralized loan obligations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, August 27, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Current rules for alternative assets in DC plans
II. Recently proposed safe harbor provisions
III. ERISA fiduciary duties and key issues
IV. Fee disclosure
V. Compliance and valuation
VI. Developments in private litigation involving pension plan fiduciaries and alternative fund managers
The panel will review these and other key issues:
- What are the key issues that arise for plan sponsors and advisers?
- What are the regulatory concerns for ERISA pension plans that allocate assets to hedge funds and private equity funds?
- What are the potential consequences for service providers that fail to comply with fee, valuation, and service provider due diligence regulatory and industry guidelines?
- What can counsel learn from recent private fund suits?
Related Courses
Alternative Assets in ERISA Defined Contribution Plans: Recent DOL Proposed Rules, Fiduciary Challenges and Risks
Thursday, August 27, 2026
1:00 PM ET/10:00 AM PT
New DOL Guidance Regarding Proxy Advisory Firms and Proxy Voting for Retirement Plans
Tuesday, June 30, 2026
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