Valuation Issues For Funds With ERISA Investors

Law360, New York (March 17, 2009, 12:00 AM EDT) -- Traditionally, private equity funds have sought benefit plan investors despite the specter of regulation under the Employee Retirement Income Security Act of 1974.

Over the last several months, however, the long arm of ERISA seems to be growing, especially with regard to how private equity funds value their investments and report those valuations to benefit plan investors.

Under ERISA, pension plan fiduciaries are required to act prudently and solely in the interest of plan participants and their beneficiaries and to diversify investments of the plan so...
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