Plan Governance, Investment + Fiduciary Issues

The Department of Labor’s (DOL) demands for greater transparency in areas such as investment selection and decision-making processes, coupled with an aggressive plaintiffs’ bar, put plan fiduciaries at risk for heightened scrutiny. Our team helps plan sponsors, trustees, and investment committees effectively confront these and other challenges, while also providing comprehensive and clear-cut guidance on plan governance and compliance.

As a go-to resource across a wide range of industries, we assist clients with all aspects of their plan governance, investment, and fiduciary issues. Our work includes:

• Drafting plan governance procedures, including committee charters detailing specific administrative and investment functions;
• Developing investment policy statements, including guidance on recommended actions when an investment fails to meet stated criteria;
• Ensuring ongoing compliance through internal audits, advanced training for fiduciaries, and counseling;
• Advising clients on plan administrative servicing agreements and investment advisor contracts;
• Evaluating alternative investment contracts and assessing whether investments are appropriate for pension plans; and
• Negotiating side letters with various investment funds, including limited partnerships, hedge funds, and collective trusts.