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Webcast: DOL Suggests Safe Harbor for Alternative Investments in 401(k) Plans

Webcast: DOL Suggests Safe Harbor for Alternative Investments in 401(k) Plans

Webcast | May 5, 2026

Join our legal team for a 30-minute recorded session where we’ll explore the U.S. Department of Labor’s proposed rules aimed at simplifying how fiduciaries can offer alternative investments in 401(k) plans, along with some practical insights for both fiduciaries and alternative asset managers.

We’ll cover:

  • The rarity of alternatives in 401(k) plans
  • Changes in regulations and the market
  • The Proposed Rule: A Safe Harbor Based on Process and Six Key Evaluation Factors
  • The effects on plan fiduciaries and alternative asset managers

MCLE credit information:

This program is approved for up to 0.5 credit hours concerning professional practice requirements, following New York State Board of Continuing Law Education guidelines. This course accommodates transfer/non-transfer credit.

Attorneys in New York looking for credit must request a confirmation form before watching the archived session. Please reach out to CLE@gibsondunn.com for the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this program has been recognized by the California Bar for 0.5 hours of MCLE credit in the general category.

California attorneys can claim “self-study” credit for watching the archived version, as proof of attendance is not needed for these credits in California.

Panelists:

Eugene Scalia is a partner in Gibson Dunn’s Washington, DC office and previously served as U.S. Secretary of Labor under President Trump. His background in ERISA and federal rulemaking is extensive, including notable wins over SEC rulemaking, though he faced a loss regarding the SEC’s 2023 “private fund advisor” rule.

Jennafer Trick is a partner in Gibson Dunn’s Orange County office. She works in various practice groups, representing plan sponsors and fiduciaries across multiple sectors like manufacturing and healthcare, focusing on high-stakes ERISA litigation.

Blake Estes is a partner in Gibson Dunn’s New York office and is part of the Investment Funds practice group. He advises alternative asset managers and broker-dealers on structuring and marketing private investment products such as REITs and business development companies.

Kevin Bettsteller is a partner in Gibson Dunn’s Century City office, specializing in regulations surrounding investment advisers, including various private and alternative funds.

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