Joshua A. Lichtenstein


  • JD, New York University School of Law, 2008
  • BA, summa cum laude, The College of New Jersey, 2004


  • New York

Joshua A. Lichtenstein


Josh Lichtenstein is a partner in the tax & benefits department in New York and focuses on ERISA and employee benefits. He advises asset managers and employee benefit plans regarding the investment of plan assets and a wide range of related issues, including how to operate as an ERISA fiduciary, the prohibited transaction rules and related exemptions, and on how to structure and maintain a fund so that it qualifies as a venture capital operating company (a VCOC) or Real Estate Operating Company (REOC) or satisfies the so called ERISA “25% test”. Josh regularly works closely with asset managers on the structure, formation and operation of investment funds and other pooled investment vehicles, including hedge funds, private equity funds and real estate funds, and on setting up separately managed accounts or single investor funds.

Josh advises a wide range of clients, including banks, asset managers and other institutions, on potential approaches for complying with the U.S. Department of Labor’s expanded fiduciary rule, and on evaluating and implementing changes to existing business practices in response to the rule. Josh also works with clients on all benefits aspects of mergers and acquisitions, executive compensation matters and qualified and nonqualified benefits plans.


Josh represents some of the largest and most well-known alternative investment managers, including hedge fund managers, private equity managers and a number of asset management units and private wealth groups within large banks, among many others on implementing innovative and creative structuring approaches relating to the investment by ERISA plans.

Josh was seconded to the ERISA legal group of a leading financial institution from October, 2015-May, 2016, where he assisted in all aspects of ERISA compliance and on formulating approaches to compliance with the DOL’s fiduciary rule.



  • Credit Funds: How Managers Can Avoid and Mitigate ERISA Conflicts,” Ropes & Gray Podcast (January 10, 2018) 
  • Panelist, “2017 In Review: The Hedge Funds Industry,” Ropes & Gray Webinar (January 10, 2018)
  • Speaker, “A View From Washington: The First 100 Days,” Ropes & Gray Webinar (April 24, 2017)
  • Panelist, “A View From Washington”, SIFMA Private Funds Roundtable (February 8, 2017)
  • Speaker, Goldman Sachs U.S. Financial Services Conference (2016)
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