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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Wednesday, June 4, 2025

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$347.00
CLE
ALL

This CLE webinar will guide ERISA attorneys and general counsel on issues regarding ERISA compliance when investing ERISA plan assets, including management appointment and monitoring by plan fiduciaries. Our experienced panel will provide an overview of critical aspects of ERISA and regulations promulgated thereunder, fiduciary obligations, prohibited transactions, and exemptions, and will provide insight into the proper methods of developing and implementing monitoring procedures for retirement plan sponsors to avoid potential liability.

Faculty

Alexander P. Ryan
Partner
Willkie Farr & Gallagher, LLP

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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Jennifer E. Eller
Principal
Groom Law Group Chtd - Washington

Ms. Eller is a principal in Groom’s Retirement Services Practice Group and Fiduciary Practice. She’s been with the firm since 1998, beginning as a law clerk, and has been a practicing attorney at Groom since 2000. Ms. Eller advises financial institutions on the design and delivery of products and services to the retirement plan marketplace, and advises large corporate and public plan sponsors on all aspects of ERISA fiduciary compliance. More broadly, she is a high-level provider of regulatory and strategic solutions for clients operating in an exceptional complex, fast-moving and highly regulated industry.

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Jennifer A. Neilsson
Partner
King & Spalding LLP

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.

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Description

ERISA plan fiduciaries must provide the care and prudence required under ERISA. Company officers, directors, and key personnel are responsible for appointing and monitoring an investment manager that provides services to the company's plan. Counsel must understand key components of ERISA, the fiduciary responsibility rules, the impact of engaging in prohibited transactions, and other provisions to assist plan sponsors, administrators, and investment managers.

The lack of knowledge of ERISA rules, proper procedures, and oversight of the actions of an investment manager can result in significant liability and potential litigation. 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.

Counsel must be knowledgeable and able to properly advise plan fiduciaries on the rules and requirements of ERISA, the duty of care and prudence in appointing investment managers, and effective methods for developing and implementing monitoring procedures to provide oversight over the investment manager's activities.

Listen as our panel discusses critical aspects of regulations under ERISA, the fiduciary rules, prohibited transactions and exemptions, as well as provides insight into the proper methods of developing and implementing monitoring procedures for retirement plan sponsors to avoid potential liability.

Outline

  1. Key ERISA terms and definitions
  2. ERISA fiduciary responsibility rules
  3. Prohibited transactions and exemptions
  4. Fiduciary governance and evaluating plan investment options
  5. Key issues for hedge funds and private equity fund investing

Benefits

The panel will discuss these and other key issues:

  • Key ERISA terms and definitions
  • ERISA plans and asset manager fiduciary standards and compliance
  • Prohibited transactions and certain exemptions
  • Fiduciary governance and evaluating plan investment options
  • Regulatory considerations for ERISA plans that allocate assets to hedge funds and private equity funds