Neal Schelberg

Neal Schelberg

Proskauer Rose LLP

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Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their...more

4/22/2014 - CBAs Commercial Bankruptcy Employee Benefits Employer Contributions Employer Liability Issues ERISA Fiduciary Liability Investment Funds Multiemployer Plan Pensions Trustees

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such...more

4/21/2014 - Breach of Duty Collective Bargaining ERISA Executive Compensation Fiduciary Duty Healthcare Healthcare Reform IRS Severance Pay Tax Reform

The ERISA Litigation Newsletter - May 2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

5/13/2013 - 403(b) Plans Affordable Care Act Class Action Class Certification Comcast v. Behrend Damages Disclosure Requirements ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. IRS Liability Multiemployer Plan Pensions Private Equity Funds SCOTUS Statute of Limitations Sun Capital Partners Transparency Waivers

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

5/9/2013 - ERISA Multi-Employer Pensions PBGC Private Equity Withdrawal Liability

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