Adam Scoll

Adam Scoll

Proskauer Rose LLP

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The U.S. Department of Labor's New Proposed Rules Defining Fiduciary Investment Advice

On April 14, 2015, the U.S. Department of Labor (DOL) issued its highly anticipated re-proposed regulation addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement...more

4/21/2015 - Benefit Plan Sponsors DOL ERISA Fiduciary Standard Investment Adviser IRA IRC Proposed Regulation

Court Finds Lenders to Hedge Fund Not Liable as ERISA Fiduciaries

A federal court recently dismissed ERISA breach of fiduciary duty claims asserted by Delphi Beta Fund, LLC, a hedge fund, against two of its bank lenders, because there was no precedent for applying ERISA’s fiduciary duties...more

4/14/2015 - Breach of Duty ERISA Finance Lenders Hedge Funds Third-Party Relationships

Death, Taxes and …ERISA Disclosure Regulations?

There are few sure things in life, and although it is probably safe to say that ERISA disclosure regulations would not be considered one of them, there has certainly been a steady stream of new ERISA-related disclosure and...more

5/19/2014 - 401k Disclosure Requirements DOL ERISA Form Form 5500 Pensions Plan Administrators Reporting Requirements Retirement Plan

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description. ...more

8/13/2013 - ERISA Litigation Strategies Summary Plan Description

Private Investment Funds May Be Liable For Portfolio Company’s Underfunded Pension Liabilities Under First Circuit Ruling

On July 24, 2013, the U.S. Court of Appeals for the First Circuit ruled in Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund (No. 12-2312, 2013 WL 3814984) that a private equity...more

7/31/2013 - Controlled Groups ERISA Pensions Private Equity Private Equity Funds Private Investment Funds Sun Capital Partners

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