Managing ERISA risk, advancing investment objectives

ERISA requirements shape how retirement assets are raised, invested, and managed. We help investment managers, plan sponsors, and other fiduciaries navigate the requirements while keeping commercial and investment objectives in focus.

Because we advise both managers seeking capital and fiduciaries responsible for investing that capital, we understand the pressures on both sides. That perspective helps clients anticipate issues, align stakeholders, and structure products and processes that support efficient capital formation and deployment. We advise on all forms of private investment funds and other investment accounts and vehicles, navigating ERISA plan asset rules and exceptions (such as the 25% threshold, venture capital operating company and real estate operating company exceptions). When ERISA or another benefit plan regime applies, we help clients comply with fiduciary responsibilities and avoid non-exempt prohibited transactions.

We also help clients stay ahead of regulatory developments and enforcement trends, offering timely and strategic next steps — whether on compliance or advocating for a change.

In transactions, we advise on ERISA diligence and structuring for mergers and acquisitions, financings, GP stake sales, and other strategic matters — helping clients manage risk and move forward with confidence.

Areas of Focus

  • Management and investment of pension and other plan and IRA assets
  • Compliance with fiduciary duties and avoidance of non-exempt prohibited transactions
  • Formation, operation, and investments of private investment funds and other vehicles
  • Compliance with ERISA "plan assets" exceptions

 

  • Financing arrangements
  • ERISA-compliant compensation structures
  • Governmental investigations and audits
  • ERISA litigation
  • Transactional diligence and structuring
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