• Pensions, Benefits & Investments Briefings

  • By: Nossaman LLP
  • Podcast

Pensions, Benefits & Investments Briefings

By: Nossaman LLP
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  • Summary

  • Nossaman’s Pensions, Benefits & Investments Briefings podcast (formerly Public Pensions & Investments Briefings) explores the legal issues that impact governmental, private and non-profit pension systems and their boards in the United States. Episodes cover a wide variety of topics, from the changing investment climate to litigation impacting pension plans nationally, as well as emerging fiduciary, insurance, employment, benefits, tax compliance and intellectual property issues.
    Nossaman LLP
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Episodes
  • Reflections on the Demise of the SEC’s Private Fund Adviser Rule – LP and GP Perspectives

    Reflections on the Demise of the SEC’s Private Fund Adviser Rule – LP and GP Perspectives
    Sep 20 2024
    In this episode, Nossaman's Yuliya Oryol and guests Chris Hayes & Jason Mulvihill provide LP and GP perspectives on the SEC’s Private Fund Adviser Rule. Both speakers were deeply involved with the proposed Rule – one worked with ILPA on behalf of the LP community to lobby the SEC to adopt the Rule in order to help institutional investors in their negotiations with GPs while the other worked with the AIC on behalf of the GP community and was instrumental in expressing GP objections and opposition to the Rule and developing the successful litigation to challenge to the Rule.

    After extensive advocacy by the Institutional Limited Partners Association (ILPA) and others on behalf of the Limited Partner (LP) community in support of stronger regulation of private funds, the Securities and Exchange Commission (SEC) adopted the Private Fund Adviser Rule (Rule) on August 23, 2023. The Rule consisted of five new rules: the Private Fund Audit Rule, the Quarterly Statements Rule, the Restricted Activities Rule, the Adviser-Led Secondaries Rule, and the Preferential Treatment Rule, plus two rule amendments addressing annual compliance documentation and retentions of books and records. However, on June 5, 2024, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously vacated the Rule. The Fifth Circuit held that the SEC exceeded its statutory rulemaking authority under the Investment Advisers Act of 1940 in adopting the Rule. The SEC could have asked for a rehearing en banc in the Fifth Circuit or it could have appealed the decision to the U.S. Supreme Court. Instead, the SEC determined not to do anything further to ensure survival of the Rule. As a result, the Rule is dead – at least for now and the foreseeable future.
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    46 mins
  • Cybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the Hackers

    Cybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the Hackers
    Aug 2 2023
    With recent well-publicized data breaches impacting pension systems and their retirees nationally, as well as increased Department of Labor scrutiny surrounding cybersecurity policies and procedures implemented by ERISA employee benefit plan fiduciaries upon audit, the topic of cybersecurity risk management is even more top of mind for pension plan administrators.In this episode of Pensions, Benefits & Investments Briefings, Ashley Dunning and Michelle McCarthy welcome Peter Dewar, President of Linea Secure, and Amy Timmons, Senior Vice President of Administration & Technology Consulting at Segal, to discuss pension systems’ cybersecurity risk management and the impacts of artificial intelligence (AI), social engineering and “whaling,” as well as best practices and lessons learned with respect to pension systems’ cybersecurity risk management.
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    31 mins
  • Risk Management Lessons for Directors and Officers from Recent Bank Failures

    Risk Management Lessons for Directors and Officers from Recent Bank Failures
    Jun 8 2023
    The first half of 2023 has seen three bank failures, Silicon Valley Bank, Signature Bank and First Republic Bank. In 2008–the last time multiple FDIC-insured banks failed–the collapse of the economy and massive bank reform followed.

    In this episode of Pensions, Benefits & Investments Briefings, Yuliya Oryol and Patrick Richard discuss risk management lessons for directors and officers to be drawn from these recent events. Were the challenges facing these banks unique, or are the risks more prevalent?
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    16 mins
Economics
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