Conflicts of Interest (Part 5): Investment in Private Funds – ERISA Fiduciary Considerations

In an article for the Journal of Pension Benefits, benefits and executive compensation partner Joshua Waldbeser and counsel Joan Neri discuss conflicts of interests that are prohibited transactions under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code.

The authors examine ERISA fiduciary considerations that can arise when a private fund is included in an asset allocation fund that is made available as an investment option for a participant-directed plan, such as a 401(k) plan.