Susan Schaefer

Susan Schaefer

McDermott Will & Emery

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Focus on Private Equity - July 2015

What Private Equity Funds Should Know About ERISA: Basics of ERISA Coverage - The Employee Retirement Income Security Act of 1974, as amended (ERISA) imposes numerous duties on fiduciaries holding employee benefit...more

7/22/2015 - 401k Asset Diversification Breach of Duty DOL Duty of Care Duty of Loyalty Employee Benefits ERISA Exceptions Fee Disclosure Fiduciaries Fiduciary Duty Former Employer Hedge Funds IRS Personal Liability Plan Documents Private Equity Funds Prohibited Transactions Stock Drop Litigation Stocks Transfer of Assets VCOCs

IRS Updates EPCRS Correction Methods and Procedures

Reflecting comments it requested, and others it received, the Internal Revenue Service (IRS) recently issued two updates which modify the Employee Plans Compliance Resolution System (EPCRS), which is the comprehensive system...more

6/3/2015 - Corporate Taxes Employee Contributions EPCRS IRS Retirement Plan Safe Harbors

Fiduciary Risks Involved in Transferring Assets from a Seller’s 401(k) Plan to the Buyer’s Plan

In many transactions, particularly those where the buyer is a portfolio company of a private equity fund, the buyer agrees to cause its 401(k) plan to accept a transfer of assets from the seller’s 401(k) plan. The asset...more

6/3/2015 - 401k Benefit Plan Sponsors ERISA Fiduciary Liability Private Equity Funds Retirement Plan Stock Drop Litigation

The Directed Trustee in the Post-Dudenhoeffer World

Overview - Court cases challenging the actions of Employee Retirement Income Security Act fiduciaries have continued unabated since the scandal of Enron in 2002. Since then, a large number of cases are in the ‘‘stock...more

1/23/2015 - 401k Duty of Prudence ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Retirement Plan Securities Stock Drop Litigation Trustees

Supreme Court to Review Application of ERISA’s Six-Year Statute of Limitations in Tibble v. Edison Int’l.

On October 2, 2014, the Supreme Court of the United States granted the plaintiffs’ petition for a writ of certiorari in Tibble v. Edison International to answer “Whether a claim that [Employee Retirement Income Security Act]...more

10/8/2014 - Certiorari Corporate Counsel ERISA Fiduciary Duty Mutual Funds Popular SCOTUS Statute of Limitations

Final Regulations Allow Retirement Plan Payments for Accident, Health and Disability Insurance

On May 9, 2014, the Internal Revenue Service finalized regulations that govern the tax treatment of payments made by retirement plans to pay accident or health insurance premiums. Under the final regulations, accident or...more

6/5/2014 - Benefit Plan Sponsors Defined Contribution Plans Disability Insurance Final Rules Health Insurance IRS Premiums Retirement Plan tax

DOL Issues Guidance on Plan Asset Status of Revenue Sharing Payments

The U.S. Department of Labor (DOL) recently issued guidance on whether accounts holding revenue sharing payments constitute “plan assets” under ERISA. Prior to the issuance of the DOL guidance, it was unclear whether these...more

8/20/2013 - DOL ERISA Fiduciary Duty Recordkeeping Requirements Revenue Sharing

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