On March 22, 2024, the United States Court of Appeals for the Seventh Circuit issued a ruling in Bulk Transp. Corp. v. Teamsters Union No. 142 Pension Fund, ordering the Teamsters Union No. 142 Pension Fund (the “Fund”) to...more
A string of ERISA lawsuits has emerged in recent weeks against companies who offer BlackRock Target-Date Funds (“TDFs”) as 401k investment options to their employees. The lawsuits allege the companies, in their capacities as...more
The Department of Labor (“DOL”) recently published its Spring 2022 Regulatory Agenda, and here is a summary of several big ticket items: ESG & ERISA: Plan sponsors and investment professionals have been waiting for final...more
When determining alternative pension benefits (such as joint and survivor annuities and early retirement benefits), a recent court decision held that underlying actuarial assumptions selected decades ago do not violate...more
On Friday January 8, the Pension Benefit Guaranty Corporation (PBGC) published a final rule that provides multiemployer pension plans with additional methods to help calculate employer withdrawal liability. The rule includes...more
The American Arbitration Association (AAA) significantly altered its rules for multiemployer pension plan arbitrations after the Pension Benefit Guaranty Board (PBGC) and several public comments raised concerns about the...more
12/10/2019
/ Amended Rules ,
American Arbitration Association ,
Arbitration ,
Arbitrator Selection Disputes ,
Arbitrators ,
Employee Retirement Income Security Act (ERISA) ,
Multiemployer Plan ,
PBGC ,
Pensions ,
Rulemaking Process ,
Withdrawal Liability
In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds – Sun Capital Partners III and Sun Capital Partners IV – are not jointly and severally liable...more
12/3/2019
/ Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Investment Management ,
Joint and Several Liability ,
Partnership-in-Fact ,
Pension Funds ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Sun Capital Partners ,
Withdrawal Liability
The withdrawal liability case of the year came to an anticlimactic end on Monday, September 16, 2019, as the Second Circuit docket sheet of New York Times Company v. Newspaper and Mail Deliverers' Publishers' Pension Fund...more