Photo of Brian Gaj

Brian practices in the firm's Employee Benefits & Executive Compensation practice group where he brings his vast experience (over 30 years), depth and breadth of knowledge, and creativity to addressing pension and fiduciary issues under the Employee Retirement Income Security Act of 1974 (ERISA), including pension investment issues. He reviews the ERISA investment aspects of all types of pension plan investments, including private equity funds, collective investment trusts, and 401(k) annuity distribution products, as well as investment management agreements and outsourced chief investment officer (“OCIO”) arrangements. Brian’s experience includes participating on the team that obtained an opinion letter from the Department of Labor on permissible settlor actions.

On March 30, the Department of Labor (“DOL”) issued its long-anticipated proposed regulation, “Fiduciary Duties in Selecting Designated Investment Alternatives”, that is intended to address the dual aims of (i) expanding 401(k) designated investment alternatives (“DIAs”) to funds that include alternative assets and (ii) limiting litigation risk.  The impetus for the proposed regulation

Potentially signaling a new wave of litigation, AT&T Inc. and AT&T Services, Inc. (AT&T) were hit with a class-action lawsuit on March 11, 2024 filed in the United States District Court for the District of Massachusetts relating to the 2023 transfer of $8 billion of their pension liabilities – covering approximately 96,000 participants in AT&T’s

On September 29, 2023, the Department of Labor (DOL) issues Advisory Opinion 2023-01A (Opinion) approving Citibank’s Diverse Asset Manager Program (Program) as it relates to plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). The Opinion provides a road map primarily for pension and 401(k) plan sponsors who wish to increase the