Pension and 401(k) plans are subject to a complex framework of laws which potentially can subject companies to significant liabilities. Planning an integrated approach to successfully navigate these rules can significantly reduce a company’s risk. Our pension investment asset management practice assists plan sponsors with all aspects of their pension investments, including investment charters and policy statements, service provider engagements (investment advisers and investment consultants), traditional investment programs (401k plans, 403(b) plans, model portfolio programs, targeted date programs, etc.) and alternative investments, such as hedge funds, private equity funds, real estate funds, swaps and other nontraditional investments, both for traditional pensions and executive compensation plans.

We take a team approach that uniquely combines ERISA, investment management, securities and tax expertise to comprehensively address the issues (including latent, future issues) that arise at the complex intersection of ERISA, the Investment Advisers Act, the Investment Company Act and tax law.  Our ERISA attorneys work with our Investment Management group and tax attorneys to provide specialized investment-related legal services and advice to plans and plan sponsors.  Our goal is to enhance our pension clients’ investment programs, serving as a value-add to our clients with respect to their investments and investment activities, going well beyond, and complimenting, traditional ERISA representation in this area.

While our practice focuses on ERISA pensions, we also have substantial experience represent non-ERISA governmental plan investors, such as state pension plans, in connection with their investment management activities. Many of these plans face issues similar to ERISA plans under state law.  We are also familiar with state and municipal plan issues unique to governmental plans, and we understand how these issues impact our clients' investment activities. In addition, we often find that our governmental plan clients benefit from our assistance in developing efficient and standardized procedures for the legal review of alternative investments.