In a Pensions & Investments article, ERISA and benefits partner Josh Lichtenstein, head of the firm’s ERISA fiduciary practice, discussed legal and regulatory issues for private market investments in 401(k) defined contribution plans.
Josh notes the threat of litigation is a factor slowing down defined contribution plan interest in private market investments and a way to fix the issue would be through a legislative safe harbor provision. Josh explains that despite litigation risk there is momentum behind these products and they are expected to proceed even without legislative changes.
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