Controlled Group Liability and Successor Employer Rules After PBGC v. Findlay Industries Inc.
ERISA and Internal Revenue Code Provisions; Limiting Claims and Reducing Risk of Seller's Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide benefits counsel, advisers and plan administrators guidance on the requirements and limitations of the controlled group liability and successor employer rules under ERISA and the Internal Revenue Code (IRC). The panel will provide an analysis of key provisions under ERISA and the IRC impacting controlled group and successor liability, guidance from recent cases, and methods to limit claims and reduce the risk of seller's liability.
- The impact of the Sixth Circuit's decision in PBGC v. Findlay Industries Inc., and other significant cases.
- Controlled group liability: ufunded pension liability and PBGC claims, plan withdrawal liability, and more
- Successor liability under common law, ERISA and the IRC
- Best practices in minimizing liability in buyer asset purchase deals
The panel will review these and other key issues:
- Controlled group liability litigation claims by multi-employer plans and the PBGC, including claims against entities outside the U.S.
- Determining what constitutes a "controlled group" and "trades or businesses" after PBGC v. Findlay Industries Inc., et al.
- Expanded standards of successor liability and methods to limit them
- Minimizing successor liability for the seller's plan liabilities in buyer's asset purchase deals
Carol I. Buckmann
Cohen & Buckmann
Ms. Buckmann has advised global employers on U.S. and cross-border employee benefit matters for over 35 years.... | Read More
Ms. Buckmann has advised global employers on U.S. and cross-border employee benefit matters for over 35 years. She focuses her practice on employee benefits and ERISA, dealing with some of the foremost issues in ERISA, including pension plan compliance, fiduciary responsibilities and investment fund formation. She has significant experience with complex pension law and fiduciary problems.Close
Sandra W. Cohen
Cohen & Buckmann
Ms. Cohen is one of the leading executive compensation attorneys in North America. Clients and other attorneys seek her... | Read More
Ms. Cohen is one of the leading executive compensation attorneys in North America. Clients and other attorneys seek her advice due to her practical and business oriented approach to complex compensation tax problems. Ms. Cohen has developed a wide range of industry expertise, from compensation of financial professionals, University presidents, to entertainment industry production for t.v. and film, and especially, globally mobile executives with international assignments. Sometimes known as the "Section 409A Whisperer", she is a popular speaker and author.Close
Leonard S. Hirsh
Cohen & Buckmann
Mr. Hirsh is a partner of our firm and is a well-known employee benefits and compensation attorney. He advises clients... | Read More
Mr. Hirsh is a partner of our firm and is a well-known employee benefits and compensation attorney. He advises clients on a variety of complex legal issues regarding ERISA fiduciary responsibly, 401(k) compliance, multiple employer plan qualification, multiemployer pension plan withdrawal liability, ESOPs, equity-based compensation, and nonqualified deferred compensation.Close