Private Equity Compliance With ERISA: Fiduciary Duties in Managing ERISA Plan Assets
Impact of Recent Court Cases on Pension Withdrawal Liability; Other New Developments
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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 recent court rulings discussing specific joint and several liabilities under ERISA plans.
Outline
- 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
- Structuring investments with pension obligations
Benefits
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 rules?
- What types of ERISA plans carry joint and several liability?
- What are the implications of recent court rulings on private equity funds and their portfolio companies?
Faculty
Carol I. Buckmann
Partner
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.
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Sarah E. Downie
Partner
Weil Gotshal & Manges
Ms. Downie has extensive experience in the executive compensation and employee benefits aspects of M&As and... | Read More
Ms. Downie has extensive experience in the executive compensation and employee benefits aspects of M&As and financings. She represents senior executives and companies in the negotiation and drafting of employment and severance agreements. Ms. Downie also advises as to the design and operation of executive and employee benefit arrangements. In addition, Ms. Downie regularly advises employers on the design and operation of tax-qualified retirement plans as well as health and welfare benefit plans.
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Peter E. Haller
Partner
Willkie Farr & Gallagher
Mr. Haller advises clients on their employee benefit plans and programs, with an emphasis on the fiduciary... | Read More
Mr. Haller advises clients on their employee benefit plans and programs, with an emphasis on the fiduciary responsibility and prohibited transaction rules under ERISA, including the DOL guidance and court decisions arising out of the Fiduciary Rule and related exemptions. He has significant experience with ERISA issues raised by hedge funds, private equity funds and financial institutions and their broker-dealer, asset management and private bank affiliates. Mr. Haller represents clients with their prohibited transaction exemption requests before the Department of Labor’s Employee Benefit Security Administration. He also advises on ERISA and other employee benefits matters in connection with corporate transactions involving asset management and financial services firms.
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