Webcasts | May 5, 2026
Join our lawyers for a recorded 30-minute session discussing the U.S. Department of Labor’s proposed rule that would give 401(k) plan fiduciaries a clearer path to offering alternative investments, and practical considerations for plan fiduciaries and alternative asset managers.
Topics include:
- Why alternatives have been rare in 401(k) plans
- What changed? Regulatory & market shifts
- The proposed rule: process-based safe harbor and the six evaluation factors
- Implications for plan fiduciaries and alternative asset managers
MCLE CREDIT INFORMATION:
This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 0.5 credit hour, of which 0.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.
Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact CLE@gibsondunn.com to request the MCLE form.
Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 0.5 hour in the General category.
California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.
PANELISTS:
Eugene Scalia is a partner in the Washington, D.C. office of Gibson Dunn. He served as U.S. Secretary of Labor in President Trump’s first term and previously served as Solicitor—general counsel—of the Labor Department. He has extensive experience with ERISA and with federal rulemaking requirements. His ten successful suits over SEC rulemakings include defeat of the agency’s 2023 “private fund adviser” rule.
Jennafer Tryck is a partner in the Orange County office of Gibson Dunn. She is a member of the Litigation, Labor and Employment, ERISA Litigation, and Class Actions practice groups, and represents plan sponsors and fiduciaries across a variety of industries, including manufacturing, telecommunications, health care, and higher education. Jennafer specializes in defending clients in high-stakes ERISA litigation in the trial courts and on appeal.
Blake Estes is a partner in the New York office of Gibson Dunn and a member of the Investment Funds Practice Group. Blake guides alternative asset managers and broker-dealers through all aspects of the structuring, development, and distribution of private wealth-focused investment products, including interval funds, tender offer funds, Business Development Companies (BDCs), and Real Estate Investment Trusts (REITs), among other evergreen retail alts structures.
Kevin Bettsteller is a partner in Gibson Dunn’s Century City office and a member of the Investment Funds Practice Group. His practice focuses on the regulation of investment advisers, particularly the sponsors of private equity funds, real estate funds, funds of funds, infrastructure funds, venture capital funds, credit funds, hedge funds and other private funds.
© 2026 Gibson, Dunn & Crutcher LLP. All rights reserved. For contact and other information, please visit us at www.gibsondunn.com.
Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.