• videocam Live Webinar with Live Q&A
  • calendar_month October 20, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

Private Equity Compliance With ERISA: Fiduciary Duties in Managing ERISA Plan Assets

Impact of Court Rulings on Pension Withdrawal Liability and Other Developments

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Discount expires 10/6/26

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About the Course

Introduction

This CLE course will prepare counsel representing private equity funds and private equity professionals to meet the challenges under ERISA that apply to fund managers who are responsible for investing the assets of a fund that holds ERISA plan assets. The program will cover the impact on private equity firms of court rulings discussing specific joint and several liabilities under ERISA plans.

Description

ERISA imposes fiduciary obligations in connection with funds that hold "plan assets" subject to ERISA on private equity managers responsible for investing fund assets. To avoid becoming subject to ERISA's fiduciary requirements, funds must structure their investments to comply with an exception to ERISA's "plan asset" rules. If the funds are intended or required to be subject to ERISA, ERISA's requirements will affect fund operations in many ways.

Also, specific ERISA plans carry significant joint and several liabilities for all companies that are part of a "controlled group" under the Internal Revenue Code and ERISA that maintains such plans. Funds should identify such ERISA plans in due diligence before purchasing a portfolio company that sponsors such a plan and structure their investments to minimize the risk that these liabilities will become liabilities of the fund.

Listen as our authoritative panel of finance attorneys discusses the fiduciary obligations under ERISA that apply to private equity fund managers responsible for investing the assets of a fund that holds ERISA plan assets. The panel will focus on the duty to avoid prohibited transactions, relevant case law, and implications of the current state of the fiduciary rule.

Presented By

Carol I. Buckmann
Co-Founding Partner, Fiduciary and Plan Governance Practice Chair
Cohen & Buckmann, PC

Ms. Buckmann advises employers and pension industry leaders on a wide variety of plan issues, with devoted thought leadership on navigating fiduciary issues. She has a rare combination of both breadth and depth of knowledge in employee benefits law. Ms. Buckmann chairs the firm's Fiduciary and Plan Governance Practice, which helps help fiduciaries understand and meet their obligations under the Employee Retirement Income Security Act (ERISA).

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Victoria Zerjav
Attorney
Cohen & Buckmann, PC

Ms. Zerjav advises executives, management teams and companies on the compensation structure underpinning important M&A matters, critical employee retention issues and leadership transitions: including equity awards, deferred compensation plans, executive contracts and transaction-related benefits issues. With more than 25 years' experience representing both companies and individuals, she approaches each matter with a clear understanding of where the pressure points will be, how they are typically resolved and what are the unique market standards for this area. Ms. Zerjav handles executive compensation across the employment lifecycle. She negotiates employment agreements and change-in-control protections, advises on equity and incentive arrangements, structures nonqualified deferred compensation plans and addresses tax-sensitive issues under Sections 409A and 280G. Executives turn to her during pivotal transitions with long-term implications, such as joining a new company, navigating an acquisition, exiting a leadership role or stepping into a board position.

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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

    Tuesday, October 20, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. ERISA fiduciary duties applicable to private equity managers

A. Exceptions available to private equity funds

B. Penalties and personal liability under ERISA

II. Joint and several liability under ERISA

III. Structuring investments with pension obligations

The panel will review these and other crucial issues:

  • What fiduciary duties does ERISA impose on private equity managers who invest fund assets that hold ERISA plan assets?
  • How can fund managers take advantage of the exceptions to the ERISA plan asset rules?
  • What types of ERISA plans carry joint and several liability?
  • What are the implications of court rulings on private equity funds and their portfolio companies?