Private Equity Compliance with ERISA: Fiduciary Duties in Managing ERISA Plan Assets
Impact of Sun Capital on Pension Withdrawal Liability; Other New Developments
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel representing private equity funds and private equity professionals to meet the challenges under ERISA that apply to fund managers who are responsible for investing the assets of a fund that holds ERISA plan assets. The program will cover the impact on private equity firms of the Sun Capital ruling and other recent case law discussing certain joint and several liabilities under ERISA plans.
- ERISA fiduciary duties applicable to private equity managers
- Exceptions available to private equity funds
- Penalties and personal liability under ERISA
- Joint and several liability under ERISA
- Sun Capital impact on structuring investments with pension obligations
The panel will review these and other crucial issues:
- What fiduciary duties does ERISA impose on private equity managers who invest fund assets that hold ERISA plan assets?
- How can fund managers take advantage of the exceptions to the ERISA plan asset rule?
- What types of ERISA plans carry joint and several liability?
- What are the implications of the Sun Capital ruling and other recent case law on private equity funds and their portfolio companies?
McDermott Will & Emery
Ms. O'Brien advises clients on a broad range of employee benefits matters, including qualified plan design,... | Read More
Ms. O'Brien advises clients on a broad range of employee benefits matters, including qualified plan design, welfare plan design, employee benefit plan compliance issues, fiduciary matters, multi-employer pension plan issues and nonqualified deferred compensation plans. She advises a wide variety of clients, including public companies, private equity and venture capital funds, and private companies regarding employee benefits issues. She has extensive experience assisting clients with issues affecting employee benefit plans in sales, acquisitions, spin-offs and other corporate transactions, as well as with employee benefits issues arising from restructuring proceedings, including plan terminations.Close
Joseph K. Urwitz
McDermott Will & Emery
Mr. Urwitz focuses his practice on employee benefits, executive compensation and ERISA fiduciary matters. He advises... | Read More
Mr. Urwitz focuses his practice on employee benefits, executive compensation and ERISA fiduciary matters. He advises clients on a wide range of issues, including deferred compensation arrangements, equity award and bonus plan design, employment and severance arrangements, qualified plan work, employee benefit matters arising in mergers and acquisitions and prohibited transactions. He regularly provides advice to Fortune 100 company on complex questions concerning qualified and nonqualified plan design and administration and whether particular investments its multibillion dollar defined benefit plan is considering are ERISA-compliant.Close