Michael R. Bergmann

Michael R. Bergmann

Skadden, Arps, Slate, Meagher & Flom LLP

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"Department of Labor Issues Guidance on Conflicts of Interest Rule"

The Department of Labor (DOL) recently issued guidance on the Conflicts of Interest Rule it released earlier this year. The guidance, issued on October 27, 2016, is in the form of answers to frequently asked questions, which...more

11/8/2016 - Audits Best Interest Contract Exemptions Compliance Conflicts of Interest DOL ERISA Executive Compensation Financial Adviser Internal Revenue Code (IRC) Investment Adviser IRA New Guidance Prohibited Transactions Retirement Plan

"Labor Department Redefines ‘Fiduciary’ for ERISA and Internal Revenue Code Purposes"

On April 6, 2016, the Department of Labor (DOL) issued a widely anticipated final regulation that redefines who is a “fiduciary” of certain employee benefit and other plans for purposes of the Employee Retirement Income...more

4/26/2016 - 401k Administrative Exemption Best Interest Contract Exemptions Broker-Dealer DOL ERISA Fiduciary Duty Internal Revenue Code (IRC) Investment Adviser IRA IRS Retirement Plan

"Executive Compensation and Benefits Alert: Court Ruling Signals Potential ERISA Liability for PE Fund Sponsors"

On March 28, 2016, the U.S. District Court for the District of Massachusetts held that three private equity (PE) funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of one of their...more

3/31/2016 - ERISA Joint and Several Liability Multiemployer Plan Pensions Private Equity Funds Sun Capital Partners

Department of Labor Proposes New Fiduciary Regulation and Prohibited Transaction Exemption Relief for Investment Advice...

On April 20, 2015, more than three years after withdrawing a similar proposal that was staunchly opposed by the financial services industry, the U.S. Department of Labor (DOL) published in the Federal Register a proposed...more

4/29/2015 - Benefit Plan Sponsors Best Interest Contract Exemptions Broker-Dealer DOL Employee Benefits ERISA Exemptions Fiduciary Duty Financial Institutions Internal Revenue Code (IRC) Investment Adviser IRA Pension Funds Prohibited Transactions

"Executive Compensation and Benefits Alert: Decision Clarifies That PE Funds Are Not Subject to 'Controlled Group' Liability"

Private equity funds (PE funds) and their advisors long have been concerned that a fund (or its other portfolio companies) may be liable for unfunded pension plan liabilities of one of its portfolio companies. However, in a...more

11/28/2012 - ERISA Executive Compensation PBGC Private Equity Funds

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