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 premium CLE webinar with Q&A
This CLE course 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, the Internal Revenue Code (IRC), and the case law, as well as methods to limit claims and reduce the risk of buyer liability.
- The impact of the Sixth Circuit's decision in PBGC v. Findlay Industries Inc. and other significant cases
- Controlled group liability: unfunded 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 multiemployer 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.
- Theories of successor liability and methods to limit risk to buyers in an asset sale
Groom Law Group
Mr. Carolan practices in the employee benefits and tax areas, focusing primarily on Title II of ERISA. Mark’s... | Read More
Mr. Carolan practices in the employee benefits and tax areas, focusing primarily on Title II of ERISA. Mark’s work covers all types of employee benefit plans, including qualified plans, non-qualified deferred compensation plans, and governmental plans.Close
Lisa Rhein Carrasco
Smith, Gambrell & Russell
Ms. Carrasco is a Partner in the Executive Compensation and Employee Benefits Practice of Smith, Gambrell &... | Read More
Ms. Carrasco is a Partner in the Executive Compensation and Employee Benefits Practice of Smith, Gambrell & Russell, LLP. She practices in all major aspects of employee benefits, compensation and ERISA, including qualified and nonqualified plans, fiduciary issues, welfare benefit plans, and executive compensation. Ms. Carrasco also has experience with respect to employee benefit and executive compensation issues in connection with mergers and acquisitions, including post-closing integration of benefit plans. She was recognized for exceptional pro bono service in 2009 by the Supreme Court of Florida and the Young Lawyers Division of the Florida Bar, in conjunction with the Jacksonville Area Legal Aid, Inc.Close
Katherine B. Kohn
Groom Law Group
Ms. Kohn is Of Counsel in Groom Law Group’s Litigation practice group. She specializes in ERISA litigation... | Read More
Ms. Kohn is Of Counsel in Groom Law Group’s Litigation practice group. She specializes in ERISA litigation relating to qualified and nonqualified retirement and health plans, with significant experience in matters involving the Pension Benefit Guaranty Corporation (“PBGC”), the federal agency that insures private single employer and multiemployer defined benefit pension plans.Close