NY METRO - Alternative Investments and Beyond!
The DOL Safe Harbor for 401(k) Fiduciaries
Don't miss the New York Metro chapter's
live program and happy hour following.
About the Program
The Department of Labor has responded to President Trump’s August 2025 Executive Order on alternative investments by issuing proposed regulations that would establish a new safe harbor under ERISA governing the selection of investments for 401(k) plans.
The proposed rule provides a road map for fiduciaries of defined contribution plans to follow a prudent process when evaluating and selecting investments - including alternative investments such as private equity, real estate and cryptocurrency.
While alternative investments have long been utilized by defined benefit plans to manage volatility and enhance returns, they have historically had limited adoption in defined contribution plans. These proposed regulations signal a significant shift in regulatory posture and could reshape fiduciary decision-making for plan sponsors and their advisors.
Our panelists will address the following:
- Separating fact from fiction: common misconceptions about alternative investments and the proposed safe harbor
- The prudent process framework: what the proposed regulations require and how fiduciaries can comply
- Types of alternative investments and key considerations for evaluating each
- Evaluating fees-what is reasonable?
- Direct v. indirect investments
- The role of professionally managed investment options, including target-date funds
- Best practices for documenting fiduciary decision-making
- The Supreme Court’s forthcoming consideration of meaningful benchmarks
- How much weight will courts give to compliance with the safe harbor?
When & Where
The live program is on Wednesday, June 10, 2026 from 3:00 - 5:00 PM
at Thomson Reuters (3 Times Square, 17th Floor - SW corner of 7th and 43rd St)
3:00 - 3:30 PM Registration and networking
3:30 - 5:00 PM Live program
5:00 - 6:30 PM Happy Hour at nearby Yard House (575 7th Avenue).
Connect with peers and develop new contacts! Cash bar event.

Registration Fees
WEB Members: $40
WEB Nonmembers: $50
NY Attorneys seeking Financial Aid (see below): $30
Meet the Speakers
Carol Buckmann Partner, Cohen & Buckmann p.c.
Carol is a co-founding partner of Cohen & Buckmann and Chair of its Fiduciary and Plan Governance practice. With a career that spans more than 40 years, Carol has guided clients through many changes in fiduciary law and practices. She is widely recognized for her in-depth understanding of issues such as pension plan compliance, fiduciary responsibilities and investment fund formation. Her clients – global and U.S. companies – and attorneys rely on her for practical solutions to complex problems. Carol writes for the firm’s blog, Insights, and has contributed articles and practice notes to many industry publications, including Law 360, Practical Law, and LEXIS Practice Advisor. In addition to speaking frequently at industry and client events, Carol is a member of WEB’s National Board and Law 360’s Employee Benefits Advisory Board.
Josh Lichtenstein Partner, Ropes & Gray
Josh is an ERISA and benefits partner in New York who heads Ropes & Gray’s ERISA fiduciary practice and co-leads the firm’s collective investment trust (CIT) practice. Josh focuses on finding creative and practical solutions to issues involving the investment of plan assets in a constantly evolving asset management landscape. Josh has emerged as a market leader in designing products to provide 401(k) and retail investors with exposure to private equity and alternative investments, including the design and operation of CITs. Josh has worked with many clients (both private fund managers and target date managers) in the design and operation of CITs designed to hold illiquid assets including private credit, private real estate, private equity and private infrastructure investments.
Jon Reinstein Counsel, Ropes & Gray
Jon is an ERISA and benefits counsel in Ropes & Gray's employment, executive compensation and employee benefits practice. Jon’s practice centers on new and emerging issues impacting the field of employee benefits, ERISA and executive compensation. He has recently focused on the ever-changing legal and regulatory landscapes regarding retirement plan investments, including alternative investments and collective investment trusts, with respect to the U.S. Department of Labor’s regulations. Jon has also advised plan sponsors and fiduciaries on best practices in ERISA fiduciary governance and litigation risk management, including plan investment menu design.
CLE & Financial Aid for New York Attorneys
This program is approved for 1.5 hours of CLE credit for attorneys licensed in the State of New York.
Special pricing is available to New York attorneys seeking New York CLE who: (i) are unemployed or on unpaid leave; or (ii) earn less than $50,000 a year. Please note that the rules require you to apply for financial aid in advance of each event you plan to attend.
To apply for CLE financial aid for this month's program, please email Derek Nelson at derek.nelson74@yahoo.com with the details of your eligibility.
Derek will notify you of your eligibility to register as quickly as possible prior to the program.
Additional Continuing Education Credits
This program can also be self-submitted for 1.5 HRCI credits and SHRM credits.
For More Information: