Investing the assets of employee benefit plans (both pension and welfare) presents unique issues. That’s why we regularly advise plan sponsors and trustees on the plan asset, fiduciary conduct, and prohibited transaction rules to help them comply with the numerous requirements of ERISA Title I that apply to their investments.
In conjunction, we provide advice on the structural issues surrounding investments and the associated tax consequences, such as unrelated business income.
Our practice group routinely provides legal guidance about traditional investments, as well as private placements, offshore, real estate and other alternative investments. This includes advising about the prohibited transaction rules and related exemptions, and unrelated business income tax.
We have a long history of negotiating, drafting, or reviewing discretionary investment management agreements, side-letter agreements, custodial agreements, service provider agreements, and other related documents.
We regularly counsel clients on compliance with ERISA Section 404(c) when defined contribution plans permit participants to direct investments, including the requirement to select qualified default investments. We have provided expert advice to help several investment-managed defined contribution plans convert to participant-directed.
We also routinely address issues involving the fiduciary aspects of reporting and disclosure, including the representation of employee benefit plans in audits and investigations conducted by the U.S. Department of Labor.
Who’s Who Legal Awards
Charter Fellows of the College of Labor and Employment Lawyers
Former Chairs of the American Bar Association’s Labor and Employment Law Section
New York Super Lawyers
Former Chairs of the New York State Bar Association’s Labor and Employment Law Section
Former Chair of the American Bar Association’s Equal Employment Opportunity Committee
AV Peer Review Rating by Martindale-Hubbell